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VjO  V\  AP--^^-''^-''^*-*^''  ' 


THE 


PUBLIC  EECORDS 


F 
.V.I 


COLONY  OF  CONNECTICUT, 

PRIOR  TO  THE  UNION  WITH  NEW  HAVEN  COLONY, 
M  A  Y ,    1  6  C  5  ; 

TRANSCRIBED    AND    PUBLISHED,    (iN    ACCORDANCE    WITH    A    RESOLUTION 

OF    THE    GENERAL    ASSEBIBLY,)  UNDER    THE    SUPERVISION 

OF    THE    SECRETARY    OF    STATE, 

WITH  OCCASIONAL  NOTES,  AND  AN  APPENDIX  ; 


'^•^■k-x-y.^^.^^^ 


By  J.  HAMMOND  TRUMBULL, 

COR.    EEC.     CONX.    HIST.    SOCIETY  ;     COR.    AI£MB.    JT.  YORK  HIST,   SOCIETY,    ETC 


HARTFORD: 

BROWN    &    PARSONS. 
1850. 

DOEsS  NOT  CIRCULATE 


At  a  General  Assembly  of  the  State  of  Connecticut,  holden  at  Hartford,  in 
said  State,  on  the  first  Wednesday  of  May,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  forty-nine: 

Resolved,  That  the  Secretary  of  State  be  authorized  to  purchase  for  the  use  of  the  State,  two 
hundred  and  fifty  copies  of  a  publication  of  the  Public  Records  of  the  Colony  of  Connecticut, 
prior  to  the  union  with  New  Haven  colony,  under  the  Charter  of  1662.  Provided,  that  such 
publication  shall  be  made  with  the  approval,  and  under  the  supervision  of  the  Secretary,  and 
shall  be  authenticated  by  his  official  certificate  as  a  true  and  literal  copy  of  the  original  record  ; 
and  provided  also,  that  the  expense  of  the  same  shall  not  exceed  two  dollars  per  copy  ;  and  that 
the  literal  copy  of  the  original  record,  above  specified,  be  deposited  with  the  Secretary  of  State, 
for  the  use  of  the  State. 

Resolved,  Tliat  the  copies  so  purchased  be  distributed  by  the  Secretary,  as  follows  ;  one  copy 
to  the  town  clerk  of  each  town  in  this  State,  to  be  preserved  in  his  office,  for  the  use  of  the  town  ; 
one  copy  to  the  Governor  and  to  each  of  the  State  Officers  of  this  State  ;  one  copy  to  the  Gov- 
ernor of  each  of  the  several  states  and  territories,  of  the  United  States;  one  copy  to  the  library 
of  Congress ;  and  the  remainder  of  said  two  hundred  and  fifiy  copies,  to  be  deposited  in  the  office 
of  the  Secretary  of  State,  subject  to  the  disposal  of  the  General  Assembly. 


PRESS      OF 

CASE,    TIFFANY    &    CO., 

HARTFORD,    CONN. 


PREFACE. 


The  early  annals  of  a  State  require  no  formal  introduction  to 
the  descendants  of  its  founders.  If  the  transcriber  have  well  accom- 
plished the  task  which  a  love  of  the  olden  time  impelled  him  to 
undertake,  and  which  the  liberality  of  the  Legislature  supplied,  in 
part,  the  means  of  prosecuting,  no  doubt  can  exist  as  to  the  favorable 
reception  of  the  volume  now  presented  to  the  citizens  of  Connecticut. 
The  value  which  may  attach  to  it  must,  of  course,  mainly  depend 
upon  the  degree  of  confidence  entertained  in  its  accuracy  as  a  '  true, 
full  and  literal  copy  of  the  original  Record.'  The  professions  or 
assurances  of  the  transcriber,  could  do  little  to  impart  such  confi- 
dence ;  nor  could  they  give  additional  weight  to  the  certificate  of 
official  authentication,  or  to  such  internal  evidence  of  reliability  as, 
it  is  hoped,  a  careful  perusal  of  the  volume  may  supply. 

A  notice  of  the  condition  and  arrangement  of  the  original  records, 
and  of  the  plan  adopted  by  the  transcriber  in  the  construction  of  this 
work,  may  not,  however,  be  deemed  inappropriate. 

The  first  volume  of  the  Colony  Records  is  in  three  parts,  origin- 
ally  bound  in  as  many  separate  volumes.  The  first  of  these  consists 
of  the  records  of  the  General  and  Particular  Courts,  commencing 
with  the  session  held  at  Newtown,  (Hartford,)  April  26th,  1636, 
(by  the  magistrates  commissioned  by  Massachusetts,  to  '  govern  the 
people  at  Connecticut,'*)  and  closing  with  the  December  session  of 
the  Court  of  Magistrates,  1649.  Next  following,  (separated  by  a 
few  blank  pages  from  the  Court  Records,)  are  the  records  of  Wills 

*  The  commission  "  to  several!  persons,  to  govern  the  people  at  Connecticutt  for  the  space 
of  a  year  [then]  next  coming,"  was  granted  by  tlie  General  Court  of  Massachusetts,  March  3d, 
1635(6,) — after  consultation  with  John  Winthrop,  then  lately  "  appointed  governor  by  certain 
noble  personages  and  men  of  quality,  interested  in  the  said  River,  which  are  yet  in  England." 
The  commissioners  named  were  Roger  Ludlow  Esq.,  William  Pincheon  Esq.,  John  Steele,  Wil- 
liam Swaine,  Henry  Smith,  William  Phelps,  William  Westwood  and  Andrew  Ward.  See  the 
commission,  at  length,  in  Hazard's  State  Papers,  Vol.  1,  p.  321. 


IV  PREFACE. 

and  Inventories.  The  remainder  of  the  volume  contains  Grants  and 
Conveyances  of  Lands,  by  towns  and  individuals,  some  of  which  are 
of  as  recent  date  as  1702  ;  the  greater  part,  however,  having  been 
transcribed  from  the  several  town  records,  between  1662  and  1690. 
These  have  not  been  included  in  the  present  publication,  the  propo- 
sed limits  of  which  would  not  admit  of  their  insertion,  and  the 
omission  being  regarded  of  the  less  importance,  as  copies  of  most  of 
them  are  to  be  found  elsewhere,  and  as  the  interest  which  attaches 
to  them  is  mainly  local  or  personal.  Six  pages  of  recognizances 
and  bonds  for  prosecution,  of  various  years,  entered  at  the  begin- 
ning of  the  volume,  preceding  the  first  page  of  the  Court  records, 
have  likewise  been  omitted,  in  publication. 

The  second  volume  contains  the  records  of  the  General  Court  from 
February,  1650,  to  October,  1669; — and  at  the  other  end  of  the 
book,  separately  paged,  is  recorded  the  Code  of  1650,  with  such  ad- 
ditional orders  '  of  general  concernment,'  as  were,  from  time  to  time, 
passed  by  the  General  Court. 

The  second  volume  of  the  records  of  the  Particular  Court,  or 
Court  of  Magistrates,  comprising  a  period  of  about  thirteen  years, 
(from  January,  1650,  to  June,  1663,)  and  including  the  Probate 
Records,  long  since  disappeared  from  the  Secretary's  Office,  and  is 
supposed  to  be  irrecoverably  lost.  The  third  volume,  commencing 
June,  1663,  and  containing,  at  one  end,  such  Wills  and  Inventories 
as  were  brought  for  record  between  that  date  and  Sept.  1677,  was, 
some  years  since,  rebound,  and  lettered,  "  Probate  Records,  Vol. 
III. — County  Court." 

In  transcribing  the  first  volume  for  the  press,  occasional  changes 
of  its  arrangement  have  been  deemed  advisable,  for  the  purpose  of 
facilitating  reference,  and  to  preserve  chronological  sequence.  Thus, 
the  Constitution  of  1639,  has  been  transposed  from  the  end  of  the 
volume,  to  its  proper  place,  preceding  the  record  of  the  April  Court  :* 
the  wills  and  inventories  recorded  prior  to  1644,  have  been  brought 
together,  at  the  end  of  the  Court  Records,  and  placed  with  others 
subsequently  recorded  :f  the  records  of  such  sessions  of  the  Court 
as  were  entered  by  the  Secretary  after  others  of  subsequent  date, 
have  been  restored  to  their  proper  order.  These,  with  other  similar 
changes,  have  been  made  with  less  hesitation,  from  the  fact  that  the 
paging  of  the  original  has  been  carefully  retained,  at  the  side  of  each 
printed  page. 

♦  Pages  20-26.  t  See  note,  on  page  442. 


PREFACE.  V 

The  names  of  magistrates  and  deputies,  and  of  jurors  in  the  sev- 
eral courts,  are,  in  the  original,  recorded  on  the  margins  of  the  pages. 
To  retain  this  arrangement,  in  the  printed  copy,  would  have  been,  on 
many  accounts,  inconvenient.  The  names  of  the  members  of  the 
court  have  therefore  been  placed,  in  double  columns,  at  the  com- 
mencement of  each  session. 

While  the  orthography  of  the  original  has  been  preserved  through- 
out, it  has  not  seemed  necessary  to  adhere  as  closely  to  the  anoma- 
lous punctuation,  or  the  use  of  capital  letters,  practised  by  the  early 
recorders.  To  have  done  so  would  have  increased  the  difficulties 
of  perusal  and  materially  detracted  from  the  interest  of  the  volume 
to  the  general  reader.  Yet  the  liberty  taken  in  these  particulars 
has  been  cautiously  used,  and  in  all  cases  where  the  sense  of  the 
original  could  be  affected  by  the  change  of  position  or  interpolation 
of  a  comma  or  period,  the  record  has  been  printed  precisely  as  orig- 
inally punctuated. 

The  more  common  abbreviations  employed  in  the  work,  require 
no  explanation.  Nor  will  it  be  necessary  to  inform  those  who  are  at 
all  conversant  with  old  manuscripts,  that  a  single  m  or  n,  with  a  cir- 
cumflex or  dash  above  it,  (m  or  fi)  was  frequently  substituted  for  the 
double  consonant ; — or  that  the  same  mark  placed  above  a  vowel  indi- 
cated the  omission  of  the  consonant,  (usually  m  or  n,)  immediately 
following  ;   (as  fro  {ov  from,  tio  for  tion,  at  the  end  of  a  word.) 

Where  portions  of  the  original  are  wholly  or  in  part  obliterated, 
the  missing  words  (when  obviously  indicated  by  the  context,)  have 
been  supplied  by  the  transcriber.  Such  words  are,  in  all  cases, 
included  in  brackets.  If  the  word  to  be  supplied  has  seemed  at  all 
doubtful,  or  if  the  record  could  possibly  have  admitted  of  a  different 
reading,  the  portion  in  brackets  has  been  italicized  or  is  followed  by 
a  mark  of  interrogation.  In  a  few  instances,  where  a  slip  of  the 
recorder's  pen  has  occasioned  an  evident  error  in  the  original,  the 
correction  has  been  suggested  in  a  foot  note,  or  indicated  by  an  itali- 
cized word,  placed  in  brackets,  with  an  interrogation  mark. 

In  two  instances  only,  slight  changes  have,  for  obvious  reasons, 
been  made  in  the  language  of  the  record.  In  one  case,  (on  page  55,) 
a  few  words,  (in  brackets,)  have  been  substituted,  as  of  less  excep- 
tionable phraseology  than  the  original :  in  the  other,  (on  page  157,) 
the  omission  of  a  line  is  indicated  by  a  note  at  the  foot  of  the  page. 

Such  extracts  from  the  Records  of  the  United  Colonies  as  have 
been  occasionally  introduced  in  the  notes  and  appendix,  have  been 
made  from  the  manuscript  (cotemporary)  copy  preserved  i/i  the  Sec- 


VI  PREFACE. 

retary's  Office.  Numerous  errors,  especially  in  dates  and  names, 
occur  in  the  copjr  of  these  records  published  in  the  second  volume 
of  Hazard's  State  Papers, — to  which  publication,  however,  it  has 
in  some  cases  been  found  convenient  to  refer,  by  page. 

When  the  publication  of  this  volume  was  first  proposed  by  the 
transcriber,  and  at  the  time  of  securing  a  legislative  appropriation 
for  its  encouragement,  an  accurate  copy  of  the  original  was  all  that 
was  contemplated.  In  the  course  of  publication,  however,  the  lib- 
erty has  been  taken  of  introducing  an  occasional  note,  explanatory 
or  illustrative  of  the  text, — and  a  number  of  interesting  historical 
documents,  not  previously  published,  have  been  included  in  an  Ap- 
pendix. Two  Indexes,  of  names  and  subjects,  have  also  been  pre- 
pared, which,  if  less  copious  and  complete  than  the  antiquarian  or 
genealogist  could  wish,  it  is  hoped  may  in  some  degree  facilitate 
their  researches,  and  aid  the  general  reader  to  refer  to  the  contents 
of  the  volume.  Fac-similes  of  the  autographs  of  members  of  the 
first  Court  of  Election  under  the  Constitntion  of  1639,  and  of  Magis- 
trates chosen  at  the  Union  of  the  Colonies,  in  1665,  have  been  pre- 
pared with  all  possible  care  and  accuracy,  from  originals  collected 
in  part  from  early  files  in  the  State  Department,  and  in  part  from  the 
town  records  of  Hartford,  Wethersfield  and  Windsor.  Fac-similes 
of  portions  of  the  original  records,  in  the  hand  writing  of  each  of  the 
secretaries*  who  held  office  prior  to  the  Union,  have  also  been  intro- 
duced. These  additions,  and  the  consequent  increase  of  the  cost  of 
publication,  will  account  for  the  advance  upon  the  original  subscrip- 
tion price,  at  which  the  remainder  of  the  edition  is  offered  to  non- 
subscribers. 

However  imperfectly  the  task  of  the  transcriber  may  have  been 
accomplished,  it  is  hoped  that  succeeding  Legislatures  may  not 
thereby  be  deterred  from  lending  their  aid  to  the  prosecution  of  a 
work,  alread)''  too  long  delayed,  of  which  this  volume  is  to  be  re- 
garded only  as  the  commencement ; — that  of  giving  to  the  public,  in 

*  A  reference  (upon  the  fac-siinile,  facing  page  9,)  to  John  Steel,  as  'Secretary'  of  the  col. 
ony,  from  1636  to  J639,  may  require  a  word  of  explanation, — as  his  appointment  to  that  office 
is  no  where  mentioned  in  the  record.  A  comparison  of  the  first  pages  of  the  Colony  Records 
with  the  early  records  of  Hartford  and  Farmington,  during  the  period  Mr.  Steel  was  recorder  of 
those  towns,  leaves  no  doubt  of  the  identity  of  the  hand  writing.  The  chirography  of  Mr.  S.  was 
eomewhsit  peculiar  (as  may  be  seen  by  inspection  of  the  fac-simile  of  an  unusually  legible  speci- 
men of  it,)  and  cannot  well  be  mistaken.  The  first  four,  part  of  the  fifth,  and  the  tenth  pages  of 
the  first  volume  are  in  this  hand.  Pages  six  to  nine,  inclusive,  are  in  a  different,  and  far  more 
legible  hand, — possibly  that  of  Mr.  Clement  Chaplin,  whom  Dr.  Trumbull  concludes  (in  Hist,  of 
Conn.,  1.  95,)  to  have  been  "the  first  secretary."  There  are,  however,  upon  all  of  these  pages, 
occasional  interlineations  and  additions,  in  the  hand  writing  of  Mr.  Steel. 


PREFACE.  VU 

a  permanent  form,  and  thus  securing  the  preservation  of  all  the 
early  records  of  the  Colony,  prior  to  1700, — together  with  such  co- 
temporary  documents  of  historical  value  or  interest,  as  are  preserved 
in  the  State  Department.  These  latter  constitute  a  large  portion, 
indeed,  almost  all  that  yet  remains  to  us,  of  the  documentary  history 
of  the  colony  for  the  first  half  cetitury  succeeding  its  settlement.  Of 
comparatively  few  of  them  are  copies,  even  in  manuscript,  extant, — 
and  the  loss  or  injury  of  the  originals  would  therefore  be  utterly  irre- 
parable. And  yet,  whatever  precautions  may  be  taken  to  ensure 
their  preservation,  by  placing  them  beyond  the  reach  of  ordinary 
accident,  no  care  can  enable  them  much  longer  to  withstand  the 
ravages  of  time.  As  the  ink  fades  and  the  paper  crumbles,  the 
work  of  transcribing  not  only  becomes  more  difficult,  but  leads  to 
less  accurate  and  reliable  results.  Whatever  is  to  be  done  to  per- 
petuate these  early  annals  of  our  state  and  memorials  of  its  founders, 
should  be  done  soon. 

J.  H.  T. 

Hartford,  March  1st,  1850. 


CONTENTS. 


PAGE 

Records  of  the  General  and  Particular  Courts,  from  April,  1636,  to 

December,  1649,  [from  Vol.  I.,  pp.  1-209.J  ...         1 

Records  of  the  General  Court,  from  Feb.,  1650,  to  May,  1665, 

[from  Vol.  II.,  pp.  1-205.]        ...      204 
Record  of  Wills  and  Inventories,  1640  to  1649,— [from  Vol.  I.]  442 

Code  of  Laws,  established  by  the  General  Court,  May,  1650,  .      509 

Certificate  of  the  Secretary  of  State, 554 

Appendix : 

No.  I.      Letter  from  Sir  Wm.  Boswell,  relating  to  encroach- 
ments of  the  Dutch,       565 

No.  II.    The  articles  of  combination  with  Southampton,  (L.  I.)       566 
No.  III.    Respecting  the  agreement  with  Mr.  Fenwick,         .  568 

No.  IV.    The  claims  of  Massachusetts  to  the  Pequot  country,  570 

No.  Y.     Letter  from  Connecticut  to  Easthampton,      .        .  572 

No.  VI.    Respecting  the  settlement  of  accounts  with  Capt.  John 

Cullick,  573 

No.  VII.  Abstract  of  the  will  of  George  Fenwick,      .       .       .       574 
No.  VIII.  Letter  to  the  Comm'rs  of  the  U.  Colonies,  complaining 

of  affronts  received  from  the  Narragansetts,  .        576 

No.  IX.   Letters  from  Mr.  William  Goodwin,  respecting  Gov. 

Hopkins'  Legacy, 578 

No.  X.    Instructions  to  Gov.  Winthrop,  agent  for  procuring  the 
Charter ;   Address  to  the  King ;  and  Letter  to  the 

Earl  of  Manchester, 579 

No.  XL  Petition  of  Mrs.  Ehzabeth  Culhck,  to  the    General 

Court,  1663, 585 

No.  XII.  List  of  documents  relating  to  the  Union  with  New 

Haven, 586 

Index  of  Names, .'  591 

General  Index, 597 


COLOIIAL  RECORDS. 


[volume  I.] 
[1]  A    CoRTE    HODDEN    ATT    NeWTON    26    APR.     1636. 

Roger  Ludlowe  Esqr.,         Mr.  Westwood, 
Mr.  Steele,  Mr.  Warde. 

Mr.  Phelpes, 

It  was  now  complayned  y*  Henry  Stiles  or  some  of  the  ser- 
[vants]  had  traded  a  peece  w^'i  the  Indians  for  Corne.  It  is 
ordered  y^  [the]  saide  Henry  Stiles  shall,  betweene  &  the  next 
Cort,  regaine  [the]  saide  peece  from  the  saide  Indians  in  a 
faire  &  legall  waye,  or  els  this  Corte  will  take  it  into  fmiher 
consideracon. 

It  is  ordered  y*  from  henceforth  none  y*  are  w^hin  the  Juris- 
dic[tion]  of  this  Cort,  shall  trade  w^ii  the  natiues  or  Indians 
any  peece  or  pistoll  or  gunn  or  powder  or  shott,  vnder  such 
heavie  penalty  as  -vppon  such  misdemeanor  the  Corte  shall 
thinke  meete. 

Constables  sworne,  for  Dorchester,  Newtowne  &  Water- 
towne,  for  this  next  yeere  and  vntill  newe  be  chosen,  are  Henry 
Walcott  for  Dorchester,  Samuell  Wakema  for  Newtowne  <fe 
Daniell  Finch  for  Watertowne. 

Whereas  there  be  divers  strange  Swine  in  the  seui'all  plant- 
aeons  yt  their  owners  are  not  knowen  &  yet  doe  &  are  likelie 
to  Comitt  many  trespasses.  It  is  therefore  ordered  y*  the  saide 
plantacons  shall  forthw^ii  take  notice  of  them  &  their  markes, 
&  giue  speedy  notice  amonge  the  plantacons  both  of  them  &c 
their  mi'kes  &  if  in  a  fortenight  noe  owners  come  forth  then 
the  saide  plantacons  or  plantacon  where  such  Swine  are,  may 
appraise  them  att  a  value  &  sell  them  &  take  the  money  to 
2 


PUBLIC      RECORDS 


some  publicke  vse  of  the  saide  plantacon,  vnlesse  their  doe 
w^hin  one  whole  yeere  after  app""  a  true  owner  &  then  the 
money  it  was  sould  for  is  to  be  restored,  poinded  alwaies  y* 
when  the  owner  app»'  before  the  money  or  Swine  be  redeUu^'ed 
there  be  deducted  such  SoiTies  &  Chardges  &  trespasses  as 
haue  beene  comitted  &  expended  in  &  aboute  him  or  them. 

It  is  hkewise  ordered  if  any  Swine  stray  from  oute  their 
owne  Plantacon  into  another  they  shalbe  subiect  [to]  the 
orders  y^  are  there  made  concerninge  Swine. 

Whereas  there  was  a  dismission  granted  by  the  C[hurch]  of 
Waterton  in  the  Masachusetts,  dated  29^^  of  Ma[  ]  last  to  An- 
drewe  Warde,  Jo  :  Sherman,  Jo  :  Stickland,  Rob'te  Coo,  Rob'te 
Reynold  &  Jonas  Weede,  w^h  intent  to  fbrme  a  newe  in  a  Ch : 
Coveniite  in  this  River  of  Conectecott,  the  saide  p'ties  haue 
soe  accordingly  done  w^i^  the  publicke  allowance  of  the  rest  of 
the  members  of  the  saide  Churches,  as  by  certificate  nowe 
prduced  apprs.  It  is  therefore  in  this  p^sent  Cort  ratified  & 
confirmed,  they  p^missing  shortlie  publicquely  to  renewe  the 
[said]  Covennte  vppon  notice  to  the  rest  of  the  Churches. 


A    CORTE    HELD    ATT    DoRCHESTER,    JuNE    7^^,    1636. 

Mr.  Ludlowe,  Mr.  Westwood, 

Mr.  Steele,  Mr.  Warde. 

Mr.  Phelpes, 
Whereas,  the  last  Corte  Henry  Stiles  was  ordered  to  regaine 
[a]  peece  he  had  traded  w^h  the  Indians  w^^  doth  not  appf 
that  he  hath  done.  It  is  ordered  that  a  warr*  shalbe  directed 
to  him  to  prforme  the  same  by  the  next  Cort  &  and  then  p>-son- 
ally  to  app''  [&]  answere  his  neglect, 

;  It  is  ordered  yt  there  shalbe  a  sufficient  Watch  maynte[ined] 
in  every  towne  &  yt  the  Constable  of  each  Towne  shall  d[uly] 
warne  the  same  &  see  y*  the  inhabitants  or  residents  doe 
seu^ally  in  their  Turne  observe  the  same  accordinge  as  [the] 
Inhabitants  doe  agree,  w«h  said  watch  shall  begin  &  end  w^ 
the  Courte  or  magistrates  shall  thinke  meete. 

It  is  ordered  yt  Samuell  Wakeman  &  Geo :  Hubberd  shall 
[survey]  the  breadth  of  the  plantacon  of  Dorchester  howe 


OF     CONNECTICUT.  3 

farre  [it]  shall  extend  aboue  Mr.  Stiles  &  shall  certifie  vnto 
the  [next]  Corte  their  pfceedinges  herein  to  th'  end  it  may  be 
then  confirmed,  and  y*^  they  shall  haue  from  the  saide  Towne 
satisfaccon  for  their  paines.  And  the  saide  Samuell  Wake[man] 
shall  doe  the  Uke  for  Watertowne  in  their  bredth  toward  [the] 
mouth  of  the  River  &  have  the  like  satisfaccon.  And  this 
done  w^iiout  faile  before  the  next  Corte  vppon  peine  [ofj 
40*'^  shillinges  of  each  heade  y^  shall  faile  therein. 

It  is  ordered  that  every  souldier  in  each  plantacon  shall  haue 
in  his  howse  in  a  readines  before  th'  end  of  August  next  twoe 
pounde  of  powder,  &  y*  they  shall  shew  it  to  the  Constable 
whenever  he  shall  call  them  vnto  it  vppon  the  penalty  of  Xs.  for 
every  failure  w^h  is  presentlie  to  be  le[vied]  by  the  saide  Con- 
stable w^hout  [resistance]  as  alsoe  20  bul[letts  of  leade  in  the 
like  readines  vppon  the  same  penalty  and  in  the  same  manner 
to  be  levied.] 


[2]       A  Corte  held  att  Watertowne  1°  T^"",  1636. 
Roger  Ludlowe  Esq''.,  Mr.  Wm.  Phelps, 

Mr.  Jo :  Steele,  Mr.  Wm.  Westwoode, 

Mr.  Wm.  Swaine,  Mr.  Andr:  Warde. 

It  is  ordered  y^  the  order  concerninge  Powder  &  BuUetts, 
of  the  7th  of  June  last  be  nowe  p^sentlie  published  in  the 
seu''all  plantacons  &  y*  there  be  respite  given  vntill  th'end  of 
this  instant  moneth  &  then  to  be  putt  in  execucon  w^^^out  faile. 

Whereas  there  was  tendered  to  vs  an  Inventory  of  the  estate 
of  Mr.  Jo :  Olda  w^^  seemed  to  bee  somewhat  vncerteinely 
valued,  wee  therefore  thinke  meete  to,  &  soe  it  is  ordered,  that 
Mr.  Jo :  Plum  &  Rich  :  Gildersleeue  togeather  w^h  the  Con- 
stable shall  survey  the  saide  Inventory  and  prfect  the  same  be- 
fore the  next  Corte  &  then  to  deliu"^  it  into  the  Corte. 

It  is  ordered  y*  Thurston  Rayner  as  he  hath  hitherto  done 
soe  shall  continue  to  looke  to  &c  p""serue  the  Corne  of  Mr.  Olda 
&  shall  inn*  the  same  in  a  seasonable  tyme  &  shall  bringe 
an  Accompt  the  next  Cort  what  quantitie  there  is  of  it  as  alsoe 
of  his  labor  &  then  the  Cort  will  out  of  the  same  allott  vnto 
him  soe  many  bushells  as  shalbe  reasonable  for  his  paines  & 

'Inn ;  to  house,  to  put  under  cover.     Webster. 


4  PUBLICKECOBDS 

labor.  And  in  the  meane  if  he  hath  vse  of  some  for  his  owne 
spendinge  to  take  some  w^h  shalbe  then  deducted  out  of  what 
wilbe  due  to  him.  And  then  the  Cort  will  give  finall  order  con- 
cerninge  the  same. 

It  is  ordered  y*  every  plantacon  shall  traine  once  in  every 
moneth,  &  if  vppon  complainte  of  their  military  officer  it  app" 
that  there  bee  divers  very  vnskilfuU  the  sayde  plantacon  may 
appointe  the  officer  to  traine  oftenerthe  saide  vnskillfull.  And 
yt  the  saide  military  officer  take  veiwe  of  their  seu'all  Armes 
whether  they  be  seruiceable  or  noe.  And  for  default  of  every 
souldiers  absent  the  absent  to  paye  5s.  for  every  tyme  w^J^out 
lawfuU  excuse  w^hin  2  dayes  after  tendered  to  the  Com^s  or  one 
of  them  in  the  saide  plantacon.  And  for  any  default  in  Armes 
vppon  warnings  to  them  by  the  saide  officer  to  amend  the 
same  &;  a  tyme  sett  &  if  not  then  amended  by  the  tyme  ap- 
pointed, Is.  every  tyme.  And  where  Armes  are  wholly  want- 
inge  to  be  bounde  over  to  answere  it  at  the  next  Corte. 

Whereas  it  applied  by  a  wrytinge  vnder  hand  of  Mr.  Olda 
that  twoe  of  the  mares  y*  are  nowe  seized  vppon  by  DanielJ 
Finch  Constable  of  Watertowne,  as  Mr.  Oldames  goodes,  are 
the  goodes  of  Mr.  Tho :  Allen.  And  therefore  it  is  ordered 
that  the  said  mares  shalbe  deliu'ed  to  the  saide  Mr.  Allen  into 
his  owne  possession  or  his  assignes. 

It  is  ordered  by  consent  of  S^ieant  Seely  pi*  against  the 
inhabitants  of  the  Towne  of  Watertowne  deft'S,  yt  a  Jurer 
shalbe  w^^^drawen,  and  y*  the  defts  doe  vndertake  to  p^'duce  aijt 
order  wherein  they  will  make  it  appJ"  yt  it  was  ordered  yt  if 
the  inhabitants  of  the  saide  Towne  did  not  remoue  w^^  their 
Families  to  Conectecott  by  th'  end  of  this  instant  moneth  or 
els  there  was  noe  pi'priety  due  to  them  in  the  devident  of  the 
landes  of  the  saide  Towne  &  y*^  the  hand  or  the  consent  of 
the  saide  Willm  Bassum  is  herevnto.  And  if  the  saide  order 
be  not  pt'duced  here  to  the  Corte  by  the  2^  Cort  after  this  the, 
Inhabitants  are  to  pay  the  pl^^  damages. 

The  first  of  November,  1636.  ' 
S^ieant  Seely  pl<^«. 
Inhabitants  of  Watertowne  defts. 
The  Jury  finde  for  the  pl^e  that  hee  is  to  have  as  an  adven- 


OF     CONNECTICUT.  O 

turer  &  as  a  man  that  was  in  the  Condicon  that  Bassam  vnder 
whom  he  claymed  was  in.  ^ 

Guilford,  June  16 :  1665.* 
This  is  to  certify  unto  all  whom  it  may  concerne,  that  vpon  his 
certaine  knowledge,  by  the  advice  of  the  Court,  Wethersfeild  men 
gaue  so  much  unto  Sowheag  as  was  to  his  sattisfaction  for  all  their 
plantations  lyeing  on  both  sides  the  great  Riuer,  w"'^the  Islands,  viz. 
six  miles  in  bredth  on  both  sides  the  Riuer,  &  six  miles  deep  from 
the  River  westward,  and  three  miles  deep  from  the  Riuer  eastward. 
Thus  testifyeth  George  Hubbard.  By  me  George  Hubbard. 

Taken  upon  oath  Before  me  Willm  Leete  ; 

This  is  a  true  coppy  of  the  originell  being  examined   &  com- 
pared therewith  this  18  of  May,  1667,  p'  me 

John  Allyn:  Secret'y. 


[3]        A  CoRTE  HELD  ATT  Newe  Towne  8^'  4^0,   1636. 

Mr.  Ludlowe,  Mr.  Phelpes, 

Mr.  Swaine,  Mr.  Westwoode, 

Mr.  Steele,  Mr.  Warde. 

It  is  ordered  that  a  Warrant  be  directed  to  Daniell  Finch  to 
suinon  Rich  :  Gildersleeue  to  app'  the  next  Corte  or  other 
meetinge  of  the  Com"  to  bringe  in  an  Inventory  of  Mr.  Old- 
ames  estate  w<=h  was  sometyme  in  his  handes  as  alsoe  to  smTion 
any  other  to  appf  that  hath  in  his  handes  or  canne  declare 
where  any  of  th'  estate  of  the  saide  Mr.  Olda  is  yt  is  not  as 
yet  revealed. 


A  Corte  held  att  Newe  Towne  1°  Novemb'',  1636. 
Mr.  Ludlowe,  Mr.  P.helps, 

Mr.  Pyncheon,  Mr.  Westwoode, 

Mr.  Swaine,  Mr.  Warde. 

Mr.  Steele, 
It  is  ordered  that  Sneant   Seely  shall  betweene  this  &  the 
next  Corte  consider  of  such  noates  &   Inventories  as  haue 
come  to  his  handes  or  knowledge  concerninge  the  estate  of 

*  This  certificate,  is  inairtod  at  the  foot  of  the  2cl  Page  of  the  original,  in  tlie  hand  writing 
of  Mr.  Allyn. 

2* 


PUBLIC     RECORDS 


Mr.  Oldam  &,  then  deliuer  them  into  the  Corte  vppon  oath  &. 
iupthe  meane  to  pi'duce  any  noate  or  Inventory  to  Mr.  Swayne 
&  Mr.  Warde  that  he  hath  or  cann  come  by  y*  may  make  for 
the  furtherance  of  the  discouery  of  the  estate  of  the  saide  Mr 
Olda,  to  th'  end  the  Cort  may  then  p^ceede  in  yt  business  as 
they  shall  see  cause. 

It  is  ordered  #y*  S^ieant  Stickland  is  to  haue  for  7  days  ser- 
uice  to  the  Rivers  mouth,  aboute  Cattle  of  Mr.  Michell  &  the 
lo  :  or  their  Agents,  21s.  The  rest  y*  went  in  the  same  seruice 
14s.  a  peece,  every  Plantacon  to  defray  the  chardge  of  their 
owne  men  for  the  pi'sent  &c  yt  the  constables  shall  make  a  rate 
to  that  purpose. 

It  is  ordered  that  Mr.  Clement  Chaplin  shall  take  into  his 
Custody  the  goodes  of  Mr.  Oldam  deceased,  according  to  an 
Inventory  in  Corte  &  in  the  Custody  of  Daniell  Finch  &  he 
the  saide  Mr.  Chaplin  is  to  be  responsiue  for  them  as  the  Corte 
shall  thinke  meete,  &  if  the  saide  Mr.  Chaplin  thinke  meete 
he  may  sell  them  or  any  of  them. 

It  is  ordered  y^  Jo  :  Reeues  is  to  retorne  to  his  M'',  Mr.  Stiles 
whoe  hath  his  Indenture  &  the  saide  Mr  Stiles  is  to  pay 
Willin  Quicke  15s.  for  his  passage,  if  not  the  C[orte]  will  take 
order  in  the  same  as  they  shall  see  meete. 


A  Corte  at  New  Towne  27  Dec.   1636. 
Mr.  Ludlowe,  Mr.  Westwoode, 

Mr.  Swaine,  Mr.  Phelps, 

Mr.  Steele,  Mr.  Warde. 

It  is  ordered  y*  Daniell  Finch  shall  haue  for  sixe  dayes  im- 
ploym*  about  Mr.  Oldames  estate  &  a  Corte  13s. — 6. 

It  is  ordered  yt  Mr.  Clement  Chaplin  shall  diligenthe  inquire 
after  any  the  goodes  of  Mr.  Oldam  deceased  &  if  there  bee 
any  p>-son  or  p^sons  yt  he  can  finde  y^  hath  or  hadd  any  of  the 
saide  goodes  in  his  handes  &  will  not  deliur  the  same  nor  an 
Inventory  of  them  he  may  sumon  him  or  them  to  app>"  the  next 
Corte  to  answere  the  same. 

It  is  ordered  yt  all  the  Creditors  of  Mr.  Olda  in  the  River 
of  Conectecott  bringe  in  their  debts  before  the  next  Corte  or 


OP      CONNECTICUT. 


e[ls]  he  shall  not  be  deemed  as  a  Crediter  in  th'  estate  that  is 
now  extant. 


21  Febr.   1636. 
Mr.  Ludlowe,  Mr    Phelps,% 

Mr.  Steele,  Mr.  Westwoode. 

Mr.  Swaine, 

Whereas  it  was  ordered  y*  Samuel  Wakeman,  Geo :  Hub- 
bert,  &  Anncient  Stoughton  were  to  consider  of  the  boundes 
of  Dorchester  towarde  the  Falls  &  of  Watertowne  towards 
the  mouth  of  the  River ;  The  saide  Samuell  Wakeman  & 
[Geo  :]  Hubberd  thinkes  meete  y*  the  plantacon  of  Dorchester 
shall  extend  towards  the  Falls,  on  the  same  side  the  plantacon 
standes,  to  a  Brooke  called  Kittle  Brooke  &  soe  over  the  greate 
River  vppon  the  same  line  that  Newe  Towne  &  Dorchester 
doth  betweene  them.     And  soe  it  is  ordered  by  the  Corte. 

It  is  ordered  that  the  plantacon  nowe  called  Newtowne  shal 
be  called  &,  named  by  the  name  of  Harteford  Towne,  likewise 
the  plantacon  now  called  Watertowne  shalbe  called  &  named 
Wythersfeild. 

Samuell  Wakeman  &  Ancient  Stoughton  doe  thinke  meete 
that  the  boundes  of  Wythersfeild  shalbe  extended  toward  the 
Rivers  mouth  in  the  same  side  it  standes  in  to  a  Tree  sixe  miles 
downeward  from  the  boundes  between  them  &  Harteford 
[marked  w^h]  N  :  F  :  &  to  [runn  in  an  east]  &  west  line,  [& 
over]  the  great  River,  the  saide  Wythersfeild  to  begin  att 
[4]  the  mouth  of  Pewter  pott  Brooke  &  there  to  runn  due  east 
into  the  Countrey  3  miles  &  downeward  sixe  miles  in  breadth, 
wh  is  ordered  accordingly.* 

It  is  ordered  yt  the  plantacon  called  Dorchester  shalbee  called 
Windsor. 

The  boundes  betweene  Weathersfeild  6c  Harteford  are  agreed 
on  the  side  wherein  they  stand  to  be  att  a  Tree  mi'ked  N :  F  : 
■&  to  w<=h  the  Pale  of  the  saide  Harteford  is  fixed,  to  goe  into  the 

*  The  words  in  brackets,  (now  illegible  In  the  original  Record)  are  here  supplied  from  a  cer- 
tified copy  of  this  and  the  next  preceding  order,  made  in  1708.  Towns  &  Lands,  Vol.  iv.  Doc. 
No.  1. 


PUBLIC      RECORDS 


Countrey  due  east  &  on  the  other  side  of  the  greate  River 
from  Pewter  pott  Brook  att  the  lower  side  of  Hocanno  due 
east  into  the  Countrey,  w^h  is  nowe  ordered  accordingly. 

The  boundes  betweene  Harteford  &  Windsor  is  agreed  to  be 
att  the  vpper  end  of  the  greate  meadowe  of  the  saide  Harteford 
toward  Windsor  att  the  Pale  that  is  nowe  there  sett  vpp  by  the 
saide  Hartefo#  wii  is  abuttinge  vppon  the  great  River  vppon  a 
due  east  line  &  into  the  Countrey  from  the  saide  Pale  vppon  a 
due  west  line  as  paralell  to  the  saide  east  line  as  farr  as  they 
have  now  paled  &  afterward  the  boundes  to  goe  into  the  Coun- 
trey vppon  the  same  west  line.  But  it  is  to  be  soe  much  shorter 
towards  Windsor  as  the  place  where  the  Girte  that  comes 
alonge  att  th'  end  of  the  saide  meadowe  &  falls  into  the  saide 
greate  River  is  shorter  then  their  Pale  &  over  the  saide  greate 
*Riuer  the  saide  Plantacon  of  Windsor  is  to  come  to  the  River- 
etts  mouth  that  falls  into  the  saide  greate  River  of  Conectecott 
and  there  the  saide  Harteford  is  to  runn  due  east  into  the  Coun- 
trey, w^h  is  ordered  accordingly. 

It  is  ordered  j^  noe  yonge  man  yt  is  neither  maried  nor 
hath  any  servaunte,  &  be  noe  publicke  officer,  shall  keepe  howse 
by  himself,  w^^out  consent  of  the  Towne  where  he  Hues  first, 
had,  vnder  paine  of  20s.  p^  weeke. 

It  is  ordered  y*  noe  M"^  of  a  Family  shall  giue  habitacon  or 
interteinment  to  any  yonge  man  to  soiourne  in  his  family 
but  by  the  allowance  of  the  inhabitants  of  the  saide  Towne 
where  he  dwelles  vnder  the  like  penalty  of  20s.  p""  weeke.  These 
2  last  orders  to  take  effect  the  first  of  Aprill  next. 


Att  a  Cort  att  Harteford,  Mi"ch  28th,  1637. 

Mr.  Ludlowe,  Mr.  Steele, 

Mr.  Welles,  Mr.  Phelps, 

Mr.  Swaine,  Mr.  Warde. 

It  is  ordered  y*  Mr.  Frances  Stiles  shall  teach  Geo.  Chappie, 

Tho :  Coopr  &  Tho :  Barber  his  servaunts  in  the  trade  of  a 

Carpenter  accordinge  to  his  pi'mise  for  there  s'^vice  of  their 

*  [In  margin]  Tlie  Riuefstt  on  the  other  side  by  the  Indians  is  called  Podanke. 


a 


OF      CONNECTICUT.  9 

terme  behinde  4  dayes  in  a  weeke  onelie  to  sawe  &  slitt  their 
owne  worke  that  they  are  to  frame  themselves  w^^  their  owne 
hands  togeather  w^h  himself  or  some  other  M^  workmen,  the 
tyme  to  begin  for  the  p^formance  of  this  order  14  dayes  hence 
wt^out  faile. 

It  is  ordered  y*  every  Juryman  shall  haue  sixe  pence  for 
every  accon  that  is  given  to  them  vppon  evidence,  to  bee  paide 
by  him  the  Accon  goes  against. 


The  first  day  of  May,  1637,  Gen'^all  Corte  att  Harteford. 
Mr.  Ludlowe,  Mr.  Wells,  Mr.  Swaine,  Mr.  Steele,   Mr. 

Phelps,  Mr.  Warde. 
Comittees. — Mr.  Why  tinge,  Mr.  Webster,   Mr.  Willms, 
Mr.  Hull,  Mr.  Chaplin,  Mr.  Talcott,  Mr.  Hosford,  Mr. 
Mychell,  Mr.  Sherman. 

It  is  ordered  that  there  shalbe  an  offensiue  warr  ag*  the 
Pequoitt,  and  that  there  shalbe  90  men  levied  out  of  the  3  Plan-, 
tacons,  Harteford,  Weathersfeild  &  Windsor  (vizt)  out  of 
Harteford  42,  Windsor  30,  Weathersfeild  18  :  vnder  the  Com- 
ande  of  Captaine  Jo  :  Mason  &  in  Case  of  death  or  sicknes 
vnder  the  Coinand  of  Rob'te  Seely  Leif*,  &  the'ldest  S^ieant  or 
military  officer  survivinge,  if  both  these  miscary. 

It  is  ordered  that  Harteford  shall  send  14  Armour  in  this  de- 
signe,  Windsor  6. 

It  is  ordered  that  there  shalbe  \^^  of  good  beare  for  the  Cap- 
taine 6t  M""  &  sick  men,  if  there  be  only  3  or  4  gallons  of 
stronge  water,  2  gallons  of  sacke. 

It  is  ordered  that  Windsor  shall  p^uide  60  bushells  of  Come, 
Harteford  84  bushells,  Weathersfeild  36  bushells,  of  this  each 
plantacon  to  bake  in  biskett  the  on  half  if  by  any  meanes  they 
cann,  the  rest  in  grounde  meale.  Weathersfeild  tenn  bushells 
to  bee  allowed  vppon  Accompt. 

Harteford  is  to  p^'uide  3  firkins  of  suett,  2  firkins  of  Butter, 
wth  yt  att  Rivers  mouth,  4  bushells  of  Oatemeale,  2  bushells  of 
Pease,  500  of  fish,  2  bushells  of  salt ;  Weathersfeild  1  bushell  of 
Indian  Beanes ;  Windsor  50  peeces  of  Porke,  SO^^  of  Rice,  4 
Cheeses. 


10  PUBLICRECORDS 

It  is  ordered  that  every  souldier  shall  cary  w^^  him  I'b 
pouder,  4^^  of  shott,  20  bulletts ;  1  barell  of  Powder  from  the 
Riuers  mouth,  [a  light]  Gunn  if  they  cann. 

[It  is  ordered]  y*  Mr.  Pincheons  shallopp  shalbe  taken  to  be 
imployed  [in  this  desi]gne. 


[5]     June  2*^,  1637.    A  Generall  Corte  att  Harteford. 

It  is  ordered  yt  there  shalbe  sent  forth  30  men  out  of  the 
seu^'all  plantacons  in  this  River  of  Conectecott  to  sett  downe  in 
the  Pequoitt  Countrey  &  River  in  place  convenient  to  mayn- 
teine  o^^  right  y*  God  by  Conquest  hath  given  to  vs,  &  Leiftenn* 
Seely  shall  haue  the  Comande  of  them.  The  men  are  to  be 
raised  14  out  of  Harteford,  tenn  out  of  Windsor,  6  out  of  Wyth- 
eresfeild. 

It  is  ordered  y*  60  bushells  of  Corne  shal  be  p^uided  for  the 
designe  aboues^,  Windsor  20,  Harteford  28,  Wythersfeild  12, 
Ihh  of  Pease,  2  bushells  of  Oatemeale,  150  pounde  of  Beefe, 
sol''  of  Butter,  (vizt)  Windsor  30,  Wythersfeild  30,  Harteford 
20,  fish. 


26  June,  1637,  Harteford  GenJ'all  Corte. 

It  is  ordered  that  10  men  more  shalbe  levied  out  of  the  plan- 
tacons aforesaide  to  goe  in  the  designe  ag*  the  Pequoitts  as  an 
adition  to  the  form^"  30,  (vizt)  5  out  of  Harteford,  Windsor  3, 
Weathersfeild  2. 

It  is  ordered  y*  Mr.  Haine  &  Mr.  Ludlowe  shall  goe  to  the 
mouth  of  the  River  to  treate  &  Conclude  w^h  o'  frendes  of  the 
Bay  either  to  joine  w^h  their  forces  in  prsecutinge  o'  designe 
against  o'  enemies  or  if  they  see  cause  by  aduise  to  interprise 
any  Accon  accordinge  to  the  force  we  haue.  And  to  parle  w^^ 
the  bay  aboute  o"^  settinge  downe  in  the  Pequoitt  Countrey. 

It  is  ordered  y*  there  shalbe  1  hogg  p^vided  att  Wythers- 
feild for  the  designe  in  hande,  W^^  is  conceiued  to  be  Nathan- 
iell  Footes,  20ib  of  Butter,  half  C  of  Cheese;  Harteford  201^  of 
Butter,  half  hundred  of  Cheese  ;  Windsor  1  Ram  goate,  201''  of 
Butter,  half  C  of  Cheese,  1  gallon  of  stronge  Water ;  Harteford 
1  C  of  beefe  from  Mr.  Whittinge,  Windsor  3  bushells  of  mault, 
■2  from  Wythersfeild,  Mr.  Wells  2. 


of    connecticut.  11 

Harteford.  Generall  Cort,  Tuesday, Nov:  14^^,  1637. 
Mr.  Haines,  Mr.  Ludlowe,  Mr.  Wells,  Mr.  Phelps,  Mr. 
Swaine,  Mr.  Mychell,  Mr.  Hull,  Mr.  Whytinge,  Capt : 
Mason,  Mr.  Warde,  Goodman  Smith,  Goodma  Bacon. 

It  is  ordered  that  every  common  souldier  that  went  in  the 
iate  designe  against  o""  enemies  the  Pequoites shall  have  Is.  3d.  p^ 
day  for  theire  service  at  sixe  dayes  to  the  weeke,  the  Sergants 
20d  p''  day,  the  Leiftenant  205.  p''  weeke,  the  Capt"  405.  p^"  weeke, 
any  man  that  was  publiquely  imployed  in  the  said  service  and 
dyet  themselves  shall  have  2s.  -p^  day  ;  and  that  the  saide  pay- 
ment shalbe  for  a  moneth  although  in  strictnes  there  was  but 
three  weekes  and  3  dayes  due ;  such  as  did  returne  from  the 
Forte  and  never  went  in  the  seruice  to  bee  allowed  but  for  12 
dayes. 

It  is  ordered  that  the  pay  in  the  second  designe  shalbe  the 
same  with  the  former,  and  the  tyme  a  month  as  abouesayde. 


Harteford.     9°  Febr.  1637. 
Mr.  Haynes,  Mr.   Ludlowe,  Mr.  Wells,  Mr.  Plum,  Mr. 
Mychell,  Capt :  Mason,  pi'sent. 

Whereas  vppon  serious  Consideracon  wee  conceiue  that  the 
plantacons  in  this  River  wilbe  in  some  want  of  Indian  Corne, 
And  on  the  same  Consideracon  wee  conceiue  if  every  man  may 
be  at  liberty  to  trucke  with  the  Indians  vppon  the  River  where 
the  supply  of  Corne  in  all  likeliwood  is  to  bee  had  to  furnish  c 
necessities,  the  market  of  Corne  amonge  the  Indians  may  be 
greatly  advanced  to  the  preiudice  of  these  plantacons,  wee 
therefore  thinke  meete  and  doe  soe  order  that  noe  man  in  this 
River  nor  Agawam  shall  goe  vpp  River  amonge  the  Indians  or 
at  home  at  theire  houses  to  trade  for  Corne  or  make  any  Con- 
tract or  bargaine  amonge  them  for  corne  either  privately  or 
publiquely  vppon  the  paine  of  5^.  for  every  bushell  that  hee  or 
they  shall  soe  tr[ade]  or  contract  for ;  this  order  to  endure 
vntill  the  next  Generall  Courte  and  vlP[till]  the  Courte  take 
other  order  to  the  contrary,  and  at  the  saide  generall  Courte 
there  wilbe  a  setled  order  in  the  thing. 


12  PUBLICRECORDS 

It  is  ordered  that  there  shalbe  a  prticular  Courte  on  the  first 
Tuesday  of  M[ay]  at  Harteford,  and  that  then  Mr.  Olda  busi- 
nesses and  John  Jesopps  are  to  be  handled,  therefore  the  sev- 
erall  Creditors  are  then  to  come  and  make  their  claime. 

It  is  ordered  that  Mr.  Clement  Chaplin  shalbe  Treasurer  for 
this  next  yeare  to  Collect  and  gather  such  Rates  as  are  now  to 
[6]  be  levied  in  the  seve[rall]  ||  plantacons,  and  that  there  shalbe 
vnder  Collectors  to  whom  the  said  Mr.  Treasurer  may  direct 
his  Warrants  in  every  plantacon,  and  that  the  said  Treasurer 
may  giue  order  to  the  said  Collectors  to  pay  the  severall  bills  of 
theire  plantacons  and  give  it  in  Accompte  to  the  said  Mr.  Treas- 
urer, and  after  the  bills  be  paide  to  returne  in  the  rest  to  the 
said  Mr.  Treasurer :  the  collectors  are,  for  Harteford  Willm 
Wadsworth,  Windsor  Henry  Wolcott  the  elder,  and  Andrew 
Warde  for  Wethersfeild  and  John  Bur  for  Agawam. 

It  is  ordered  there  shalbe  forthwith  a  levey  of  sixe  hundred 
and  twenty  poundes  to  be  levied  for  to  defray  the  charges  of 
the  late  designes  of  warrthatis  already  past,  Aggawam  86/.  16s, 
Windsor  158/.  2s,  Harteford  251/.  2s,  Wethersfeild  124/.  The 
payment  to  be  made  either  in  monney,  in  Wampum  at  fower 
a  penny,  or  in  good  and  marchantable  beaver  at  9s.  pr  pounde. 

It  is  ordered  that  there  shalbe  generall  notice  giuen  in  all  the 
plantacons  that  if  there  be  any  Arm'',  gones,  swordes,  belts, 
Bandilers,  kittles,  pottes,  tooles,  or  any  thinges  els  that  belonges 
to  the  commonwealth,  that  were  lost,  landed  or  leafte  in  any 
plantacons,  they  are  to  be  delivered  into  the  handes  of  the  saide 
Constables  of  the  said  townes,  and  the  said  Constables  to  bring 
them  to  the  next  Courte  at  Harteford,  and  if  after  the  said  no- 
tice there  be  any  thinges  found  in  any  mans  house  or  custody, 
it  concerning  the  said  Commonwealth,  they  shalbe  subiect  to 
the   sensure  of  the  Courte  for  their*  tenure   or  con- 

cealing. 

It  is  ordered  y*  the  generall  Courte  now  in  being  shalbe  dis- 
solved and  there  is  noe  more  attendance  of  the  members  thereof 
to  be  expected  except  they  be  newly  chosen  in  the  next  gen^ 

erali  Courte. 

^ 

*This  blank  in  the  original. 


OF      CONNECTICUT.  13 

8to  die  Mn'i,  1637. 

A  GenI'ALL    Coi't    HOULDEN  ATT  HaRTEFORD. 

Mr.  Haines,   Mr.  Ludlowe,   Mr.  Pincheon,   Mr.  Welles, 

Mr.  Plum,  Mr.  Phelpes,  Mr.  Mychell,  Mr.  Smith. 
Committees :  Capt:  Mason,  Mr.  Hopkins,  Mr.  Steele,  Mr. 
Talkott,  Mr.  Webster,  Mr.  Hull,  Mr.  Ford,  Tho:  Mar- 
shall, Adr :  Warde,  Geo :  Hubberd,  Jo :  Gibbes.   Thurston 
Raynr  absent. 
Thurston  Raynor  being  chosen  a  Committee  for  the  Towne 
of  Wethersfeild  being  now  absent  is  fined  I5,  to  be  forthwith 
paide. 

Whereas  Mr.  Pincheon  was  questioned  aboute  imprisoning 
an  Indian  at  Aggawam,  whipping  an  Indian  and  freeing  of  him, 
the  Courte  is  willing  to  passe  over  Mr.  Plumms  failings  against 
an  Indian. 

It  is  ordered  with  the  consent  of  Mr.  Pincheon  that  thesaide 
Mr.  Pyncheon  will  deliver  att  Harteford  goods  Marchantable 
Indian  Corne  att  5.s.  p""  bushell  as  farr  as  500  bushells  will  goe 
at,  if  hee  can  save  by  that,  for  the  residue  hee  is  to  have  5s.  2d. 
p''  bushell,  provided  also  that  that  proporcon  that  Windsor  is  to 
have  shalbe  landed  there  at  Mr.  Ludlowes,  for  that  proporcon 
that  Wethersfeild  is  to  have  they  are  to  fetch  it  att  Harteford. 
In  consideracon  whereof  the  is  a  restrainte  of  any  to  goe  vpp 
the  River  to  trade  with  the  Indians  for  Corne ;  as  alsoe  if  any 
Indians  bring  downe  any  Corne  to  vs  wee  are  not  to  exceede  45. 
pr  bushell ;  as  alsoe  in  case  of  necessity  that  any  family  or  fam- 
ilyes  doe  complaine  of  present  necessities  they  are  to  repaire  to 
3  magistrates  which  may  advise  them  for  the  supply,  although 
it  be  to  the  dispensing  with  this  order ;  prouided  alsoe  that  if 
the  said  Mr.  Pincheon  bee  inforced  to  raise  the  price  with  the 
Indians  of  sixe  sixes  of  Wampom  a  pecke  then  the  plantacons 
are  to  increase  the  pay  of  5s.  p''  bushell,  if  he  can  abate  any  thing 
hee  will  sett  of  soe  much  of  5s.  p^  bushell.  The  payment  to  be 
made  in  wampom  at  3  a  penny  or  marchantable  beaver  at  Xs. 
pounde. 

9°  die.     It  is  ordered  that  whosoever  doth  diseorderly  speake 
privately  during  the  sittinge  of  Courte  with  his  Neibour  or  twoe 

3 


14  PUBLICRECORDS 

or  3  togeather,  shall  presently  pay  Is,  if  the  Courte  soe  thinke 

meete. 

[7]     It  is  ordered  that  Captaine  Mason,  Mr.  Allen,  Mr.  Warde, 

shall  go  to  Agawam  and  treate  with  the  Indians  of  Waronocke 

concerning  the  tribute  towards  the  charges  of  o^  warres,  to  the 

value  of  one  Fatham  of  Wampom  a  man.  Nawattocke  a  fatham 

and  a  quarter,  Pacomtuckett  one  fatham  and  a  quarter. 

It  is  ordered  y^  Mr.  Ludlowe,  Mr.  Hopkins,  Mr.  Michael] 
shall  have  power  to  deale  with  Elias  Parkman  aboute  his  ves- 
sel! to  goe  to  the  Narragansett  to  trade  for  Corne  and  they  are 
likewise  to  take  vpp  such  commodities  as  may  freight  the  saide 
vessell  to  the  end  aforesaide,  and  doe  therein  what  they  shall 
see  meete  that  may  tend  for  the  publique  good  in  that  way,  and 
that  the  plantacons  shall  beare  the  chardge  of  the  saide  Freight 
and  have  the  proceede  of  the  Corne  and  trade  accordinge  to 
the  proporcon  of  the  last  publique  rate  to  the  warrs,  as  alsoe  of 
what  comes  from  Agawam. 

It  is  ordered  that  noe  Commissioners  or  other  person  shall 
binde,  imprison  or  restraine,  correct  or  whipp  any  Indian  or 
Indians  whatsoever  in  his  owne  case  or  in  the  case  of  any 
other,  nor  giue  them  any  menacing  or  threatning  speeches, 
exc[ept]  it  be  in  case  any  Indian  or  Indians  shall  assault  or 
affront  theire  person  or  persons,  or  shall  finde  them  either  wast- 
ing, killing  or  spoiling  any  of  theire  goodes  or  estate,  and  he  or 
they  shall  finde  them  soe  doeing,  and  in  that  case  if  they  refuse 
to  come  before  a  magistrate  they  may  force  them  to  goe  and 
binde  them  if  they  refuse.  But  if  any  iniurie  or  trespasse  be 
offered  or  done  by  any  Indian  or  indians  or  their  dogges,  he  or 
they  are  to  complaine  to  some  magistrate  or  magistrates,  pro- 
vided alwaies  that  any  twoe  magistrats  togeather  may  vppon 
any  speciall  occasion  send  for  any  Indian  or  Indians  to  come 
before  them  and  if  they  see  cause  to  restraine  or  imprison  him 
or  them  and  in  case  of  refusall  or  contumacy  or  other  extraor- 
dinary misdemeanor  or  occasion,  to  send  force  to  apprehend  or 
take  him  or  them  if  they  see  cause. 

It  is  ordered  that  there  shalbe  fiftie  Costlets  provided  in  the 
plantacons,  vid.  Harteford  21  Costlets,  Windsor  12,  Weathers- 
feild  10,  Agawam  7,  which  are  to  bee  provided  within  6  monthes 
at  farthrest.     And  the  saide  Costlets  are  to  be  veiwed  by  the 


OF      CONNECTICUT.  15 

military  officer  that  is  provided  for  that  purpose,  and  if  he  dis- 
allowe  them  as  insufficient  they  are  to  p'uide  better.  And 
alsoe  y*  the  saide  Townes  are  to  giue  in  the  names  of  such  as 
are  to  finde  the  saide  Cosletts,  att  the  next  generall  Courte,  and 
then  such  as  shall  faile  to  provide  by  the  day  aforsaide  shall 
forthwith  pay  105.  and  five  shillings  a  moneth  vntill  he  hath  sup- 
plied them ;  and  it  shall  alsoe  be  lawfuU  for  the  saide  military 
officer  to  call  for  the  saide  costeletts  to  vie  we  whether  they 
[be]  in  repaire  or  noe. 

It  is  ordered  that  Captaine  Mason  shalbe  a  publique  military 
officer  of  the  plantacons  of  Conecticot,  and  shall  traine  the  mil- 
itary men  thereof  in  each  plantacons  according  to  thedayes  ap- 
pointed, and  shall  have  40/.  p''  annum,  to  be  paid  oute  of  the 
Treasury  quarterly,  the  pay  to  begine  from  the  day  of  the  date 
hereof.  This  order  to  stand  in  force  for  a  yeere  and  vntill  the 
generall  Courte  take  other  order  to  the  contrary. 

It  is  alsoe  ordered  that  the  saide  Captaine  Mason  shall  have 
liberty  to  traine  the  saide  military  men  in  every  planlacon  tenn 
<iayes  in  every  yeere,  soe  as  it  be  not  in  June  or  July,  giving  a 
weekes  warning  before  hand  and  whosoever  y*  is  allowed  a 
souldier  and  faile  to  come  at  the  time  appointed  by  the  saide 
publique  officer  to  pay  for  his  defaulte  3s.  for  y*  time,  and  if  it 
be  vsuall  for  the  second  offence  5s,  and  if  not  amended  the  saide 
delinquent  is  to  bee  bounde  to  answere  it  att  the  next  Courte. 

Itm,  it  is  ordered  that  all  p^sons  shall  beare  Armes  that  are 
aboue  the  age  of  sixteene  yeeres  except  they  doe  tender  a  suffi- 
cient excuse  [to]  the  Corte  &  the  Cort  allowe  the  same.  The 
Corals  i^  Church  officers  for  the  presetit  to  bee  exempted,  as 
[8]  alsoe  for  the  tyme|l  to  come  after  they  have  beene  a  Com- 
issioner  or  Com''s  or  Church  officer  to  bee  likewise  for  all 
tymes  afterward  exempted  for  bearing  Armes,  Watchinges  & 
Wardinges. 

It  is  ordered  that  there  shalbe  a  magacc^  of  powder  and  shott 
in  every  plantacon  that  the  supply  of  o""  military  men  if  occasion 
serve,  videlicet,  Hartef*i  twoe  barrels,  Windsor  1  barrell  of 
powder,  300  weighte  of  leade,  Weathersfeild  1  barrell  of  pow- 
der, 300  of  leade,  Aggawam  halfe  a  barrell  of  powder,  150  of 
leade  ;  and  every  military  m^i  is  to  have  continually  in  his 
house  in  a  readines  halfe  a  pounde  of  goode  powder,  2^^  of  bul- 


16  PUBLICRECORDS 

lets  sutable  to  his  peece,  one  pounde  of  match  if  his  peece  be  a 
match  locke,  and  whosoever  failes  of  his  halfe  pounde  of  pow- 
der and  2ib  of  [buUetts]  and  match  to  pay  Vs.  for  every  tyme  yt 
is  wanting ;  the  plantacons  or  plantacon  for  not  providing  the 
saide  magacen  of  powder  and  lead  within  this  3  monethes  to 
pay  21  b  forty  shillings,  and  tenn  shilhngs  for  every  moneth 
vntill  it  bee  p^vided. 

It  is  ordered  that  there  shalbe  a  measure  of  each  plantacon 
brought  to  Harteford  on  the  next  perticular  Courte  and  then 
there  wilbe  a  setled  Course  for  an  measure  in  each  plantacon. 

The  generall  Courte  is  appointed  on  the  22*^  of  this  instant 
moneth,  the  pi"ticular  the  day  after  it. 

It  is  ordered  that  all  orders  formerly  made  concerning  mili- 
tary discipline  vntill  the  orders  of  this  Courte  shalbe  voide. 


*  Whereas,  It  was  ordered  octo  die  [Martii]  last  that  there 
should  be  a  restrainte  of  tradinge  for  Corne  in  regarde  of  some 
■j"  with  Mr.  Pincheon  to  supply  the  plantacon&y 
vppon  consideracon  of  Mr.  Pincheons  that  hee  is  somwhat 
fearefull  of  supplying  the  plantacons,  and  whereas  there  is  a 
Clause  in  case  of  necessitie  3  magistrates  may  dispence  with 
the  order.  It  is  .therefore  ordered  that  Mr.  Ludlowe  and  Cap- 
taine  Mason  or  either  of  them,  taking  likewise  such  with  them 
as  shalbe  meete,  shall  trade  to  supply  theire  owne  necessities 
and  the  necessities  of  some  other  that  are  in  wante. 

It  is  ordered  that  in  the  setting  forth  Elias,  that  Mr.  Phelps, 
Mr.  Whiting  and  Mr.  Mychell  is  to  agitate  that  busines  for  the 
Comonwealth, 

Vppon  the  complainte  of  Aramamett  and  the  Indians  cohab- 
iting with  him,  aboute  Leiftenant  Holmes  denying  the  planting 
of  the  old  grounde  planted  the  last  yeere  aboute  Plymouth 
house,  It  was  ordered  that  they  should  plante  the  old  ground 
they  planted  the  last  yeer  for  this  yeere  onely,  and  they  are  to 
sett  theire  wigwams  in  the  olde  grounde  and  not  withoute. 

*  The  date  or  caption  of  this  Session  of  the  Court  is  omitted  in  the  original  Record.  No 
break  occurs,  (except  a  slight  one  between  the  line  commencing  "  Whereas,"  &c.  and  the  pre- 
ceding paragraph,)  from  the  commencement  of  #ie  proceedings  of  the  March  Session,  on  page 
[6.1 

t  A  blanit  in  the  original. 


OFCONNECTICUT.  17 

5to    Api",     1638.       A  GEN^ALL  CORT  AT  HaRTEFORD. 

Mr.  Haines,  Mr.  Ludlowe,  Mr.  Pincheon,  Mr.  Wells,  Mr. 
Plum,  Mr.  Phelps,  Mr.  Smith,  Mr.  Michell, 
Comittees ;  Mr.  Hull,  Mr.  Webster,  Mr.  Talkott,  Mr.  Moxa, 
Mr.  Burr,  Mr.  Steele,  Mr.  Hopkins,  [Capt :]  Mason, 
[Mr.]  Ward,  [Thurston-]  Rayner,  [Tho  :]  Ford,  [Tho : 
Mars]ha\\,  [Geo :  Hubberd.] 

Captaine  Mason,  Thomas  Ford,  Thomas  Marshall,  Thurston 
Rayner,  George  Hubberte,  are  fined  Is.  a  peece  for  failing  att 
the  hower  appointed  which    7  of  the  Clocke. 

It  is  ordered  that  there  shalbe  sixe  sent  to  Warranocke  In- 
dians to  declare  unto  them  that  wee  have  a  desire  to  speake 
with  them,  to  knowe  the  reasons  why  they  saide  they  are 
affraide  of  vs,  and  if  they  will  not  come  to  vs  willingly  then  to 
compell  them  to  come  by  violence,  and  they  may  leave  2  of  the 
English  as  pleadges  in  the  meane  time  and  to  trade  with  them 
for  Corne  if  they  can. 

[9]  It  is  ordered  that  Captaine  Mason,  Thomas  Stanton,  Jere- 
my Adams,  John  Gibbes,  Searieante  Stares  and  Thomas  Mer- 
ricke,  and  if  Thomas  Merricke  be  gone  to  Aggawam  then  Cap- 
taine Mason  to  take  another  whom  he  please,  shall  goe  in  the 
saide  service  ;  and  if  hee  see  cause  to  leave  hostages  hee  may  ; 
if  hee  see  cause  to  goe  to  Aggawam  he  may. 

It  is  thought  meete  that  the  Costlets  that  were  in  the  last 
service  shalbe  made  good  to  the  Commonwealth  and  made  as 
serviceable  as  before,  and  that  Richard  Lord  shall  take  such 
Costlets  into  his  Custody  as  are  in  the  meeting  house  of  Harte- 
ford  and  make  them  vpp,  and  when  they  bee  fitted  vpp  the 
saide  Lord  is  to  bring  in  his  noate  and  the  Courte  to  appointe 
one  to  veiw  y"=  same,  and  when  they  are  certified  to  bee  in 
good  kelter  there  must  be  speedy  course  taken  by  y^  Courte 
for  the  speedy  payment  of  the  said  Lord. 

It  is  ordered  that  there  shalbe  a  warant  directed  to  y''  sever- 
all  Collectors  of  each  plantacons  to  make  theire  retornes  to  the 
Treasurer  within  these  25  dayes  or  els  to  answere  theire  con- 
tempte  att  the  next  particular  Courte. 

Whereas  there  is  a  desire  of  c  neibours  of  Harteford   that 
there  may  be  a  publique  highway  for  Carte  and  horse  vppon  the 
3* 


18  PUBLIC     RE  CO KDS 

vpland  betweene  the  said  Harteford  and  Windsor  as  may  be 
convenient,  it  is  therefore  thought  meete  that  Henry  Wolcott 
the  younger  and  Mr.  Stephen  Terr[e]  and  Wilhli  Westwood 
and  Nathaniell  Warde  shall  consider  of  a  fitting  and  conven- 
ient high  way  to  bee  marked  and  sett  oute,  and  bridges  made 
over  the  swampes,  and  then  itt  being  confirmed  by  the  Courte, 
the  inhabitants  of  Harteford  may  with  making  a  comely  and 
decent  Stile  for  foote  and  fence  vpp  ye  vpper  end  of  the  mead- 
ow ;  this  to  be  done  by  Mun[day]  seavennights  vppon  penalty 
of  10s.  every  defaulte. 

It  is  ordered  that  with  the  consent  of  Mr.  Pincheon,  that  the 
said  Mr.  Pincheon  shall  within  these  18  dayes  pay  Mr.  Whi- 
ting 40Z.  by  sending  downe  as  much  Come  as  the  saide  40/.  comes 
to,  or  els  to  pay  him  the  saide  Mr.  Whiting  in  marchantable 
beaver  att  9s.  p""  pounde  provided  that  if  in  the  Bay  the  saide 
Mr.  Whiting  cann  put  it  away  att  higher  rate  the  saide  Mr. 
Pincheon  to  have  the  benefitt  of  it,  if  it  be  put  away  at  losse 
the  saide  Mr.  Pincheon  to  stand  to  it,  and  the  saide  Mr.  Pin- 
cheon may  write  to  his  frends  to  see  that  the  saide  Mr.  Whi- 
ting doth  his  best  for  the  saide  Mr.  Pincheons  advantage. 

It  is  ordered  that  the  Indian  Corne  that  is  brouo;ht  into  the 
plantacons  for  the  supply  of  theire  necessitis,  either  by  agree- 
ment with  Mr.  Pincheon  or  any  other  way  of  a  generall  trade, 
shall  goe  att  5s.  6d.  in  money,  in  wampum  att  3  a  penny,  6s.  p"^ 
bushell,  or  if  in  beaver  according  to  the  order  att  9s.  pi"  pomide, 
yett  this  is  not  any  way  to  infringe  the  bargaine  formerly  made 
with  Mr.  Pincheon  for  soe  much  Corne  as  he  bringes  in. 

It  is  ordered  that  these  men  foUowinge  shall  receive  the 
Corne  aforesaide  for  the  plantacons  according  to  their  proporcon 
agreed  on,  and  shall  keepe  one  exact  account  of  what  every 
man  hath  att  the  rates  aforesaid ;  the  men  appointed  for  this 
service  are  Henry  Wolcott  ye  younger  for  Windsor,  Edwarde 
Stibben  and  Thomas  Scott  for  Harteford,  For  Wethersfeilde 
Mr.  Plum.  It  is  aisoe  ordered  y*  such  as  are  in  want  of  Corne 
or  like  to  betwene  this  and  harv[est]  must  give  in  theire  names 
and  wants  to  y^  parties  aforesaide  of  the  sever  all  plantacons, 
and  they  are  to  retorne  it  in  y^  next  particular  Courte,  provi- 
ded yt  the  receivers  of  Corne  aforesaid  are  not  to  deliver  any 
Corne  without  the  present  payment  formerly  menconed. 


OFCONNECTICUT.  19 

It  is  ordered  that  Thomas  Staunton  shall  haue  for  the  seruice 
hee  hath  done  for  the  Countrey  already  past,  tenn  poundes. 
[10]  It  is  ordered  that  Thomas  Staunton  shalbe  a  publicke 
officer  for  to  attend  the  Corte  vppon  all  occasions,  either  Gen- 
erall  or  p^ticuler,  as  alsoe  any  meetinge  of  the  Magistrates  to 
interprett  betvveene  them  and  the  Indians,  as  also  is  to  haue  for 
it  10/.  p''  Anrim. 

It  is  ordered  y*  Captaine  Mason  &  Jeremy  Adames  shal  goe 
on  Thursday  next,  accordinge  to  o""  p'mise  to  trade  w^^  the 
Indians  for  Corne  and  to  settle  a  Trade  between  vs  and  them 
aboute  Corne. 

It  is  ordered  that  the  order  of  the  9*^  of  March  last  be  againe 
renewed. 

It  is  ordered  where  any  Company  of  Indians  doe  sett  downe 
neere  any  English  plantacons  that  they  shall  declare  whoe  is 
their  Sachem  or  Cheife  &  that  the  saide  Cheife  or  Sachem  shall 
paye  to  the  saide  English  such  trespasses  as  shalbe  comitted  by 
any  Indian  in  the  saide  plantacon  adioyninge,  either  by  spoil- 
inge  or  killinge  of  Cattle  or  Swine  either  w^h  Trappes,  dogges 
or  arrowes  &  they  are  not  to  pleade  that  it  was  done  by  Stran- 
gers vnlesse  they  cann  p^'duce  the  pi'ty  and  deliu^'  him  or  his 
goodes  into  the  Custody  of  th'  English ;  and  they  shall  paye  the 
double  if  it  were  voluntarily  done. 

Whereas  there  was  some  complainte  made  against  Mr. 
Willin  Pincheon  of  Agawam  for  that  as  was  conceiued  & 
vppon  p^'fe  app^'ed  he  was  not  soe  carefull  to  p^mote  the  pub- 
licque  good  in  the  trade  of  Corne  as  hee  was  bounde  to  doe, 
It  is  ordered  the  saide  Mr.  Pincheon  shall  w^^  all  convenient 
speede  pay  as  a  fine  for  his  soe  failinge  40t'e  bushells  of  Indian 
Corne  for  the  publicque&  the  saide  Corne  to  be  deliu'^edto  the 
Treasurer  to  be  disposed  of  as  shalbe  thought  meete. 

Whereas  vppon  full  debate  &  hearinge  the  matters  of  Iniuries 
&  difference  betweene  Soheage,  an  Indian  the  Sachem  of  Py- 
quaagg  nowe  called  Wythersfeild,  &  th'  English  Inhabitants 
thereof,  and  It  appi'es  to  the  Cort  that  there  hath  beene  divers 
Iniuryes  offered  by  some  of  the  saide  English  inhabitants  to  the 
said  Soheage,  as  alsoe  the  saide  Soheage  &  his  men  haue  like- 
wise comitted  divers  outrages  &  wronges  against  the  saide  Eng- 
lish, yet  because  as  was  conceiued  the  first  breach  was  on  the 


20  PUBLIC      RECORDS 

saide  English  p^te,  All  former  wronges  whatsoeuer  are  remitted 
on  both  sides  and  the  saide  Soheage  is  againe  receiued  in 
Amytie  to  the  saide  English,  &  Mr.  Stone,  Mr.  Goodwin  & 
Tho :  Staunton  are  desired  to  goe  to  the  saide  Soheage  &  to 
treate  w^^  him  accordinge  to  the  best  of  their  discretion  &  to 
compose  matters  betweene  the  saide  English  and  the  saide  So- 
heage, and  vppon  their  reporte  there  shalbe  som  setled  course 
in  the  thinge. 

It  is  ordered  there  shalbe  Is.  pr  skin  of  beaver  to  be  paide  to 
the  publicque  out  of  the  Trade  of  beaver,  to  be  paide  into  the 
Treasury  every  half  yeere :  this  order  to  stand  for  an  yeere  & 
vntill  the  Cort  take  other  order  to  the  Contrary. 

It  is  ordered  that  none  shall  trade  in  this  River  w^h  the  In- 
dians for  beau'  but  those  that  are  hereafter  named  (vizt)  For 
Agawam  Mr.  Pyncheon,  for  Windsor  Mr.  Ludlowe,  Mr.  Hull ; 
for  Harteford  Mr.  Whytinge,  Tho  :  Staunton ;  Wythersfeild 
Geo  :  Hubberd  &  Rich  :  Lawes  ;  and  if  any  trade  for  beauer 
other  then  are  fornamed  they  shall  forfeit  5s.  p''  pounde  to  be 
paide  p""  eu'"y  pounde  they  soe  trade. 


[Pages  12-22,  blank:  these  pages  were  probably  designed  for  the  insertion  of 
the  Constitution,  Oaths,  &c.,  which  were  subsequently  recorded  on  pp.  21-5-227 
of  the  original  as  now  paged.] 


[220]  Forasmuch  as  it  hath  pleased  the  Allmighty  God  by  the 
wise  disposition  of  his  diuyne  p'"uidence  so  to  Order  and  dispose 
of  things  that  we  the  Inhabitants  and  Residents  of  Windsor, 
Harteford  and  Wethersfield  are  now  cohabiting  and  dwelling 
in  and  vppon  the  River  of  Conectecotte  and  the  Lands  there- 
unto adioyneing  ;  And  well  knowing  where  a  people  are  gath- 


OF     CONNECTICUT.  21 

ered  togather  the  word  of  God  requires  that  to  mayntayne  the 
peace  and  vnion  of  such  a  people  there  should  be  an  orderly  and 
decent  Gouerment  established  according  to  God,  to  order  and 
dispose  of  the  affayres  of  the  people  at  all  seasons  as  occation 
shall  require  ;  doe  therefore  assotiate  and  conioyne  our  selues 
to  be  as  one  Publike  State  or  Comonwelth  ;  and  doe,  for  our 
selues  and  our  Successors  and  such  as  shall  be  adioyned  to  vs 
att  any  tyme  hereafter,  enter  into  Combination  and  Confedera- 
tion togather,  to  mayntayne  and  p'searue  the  liberty  and  purity 
of  the  gospell  of  our  Lord  Jesus  W^^^  we  now  p^fesse,  as  also  the 
disciplyne  of  the  Churches,  w^h  according  to  the  truth  of  the 
said  gospell  is  now  practised  amongst  vs  ;  As  also  in  c  Ciuell 
Affaires  to  be  guided  and  gouerned  according  to  such  Lawes, 
Rules,  Orders  and  decrees  as  shall  be  made,  ordered  &  decreed, 
as  foUoweth : — 

1.  It  is  Ordered,  sentenced  and  decreed,  that  there  shall  be 
yerely  two  generall  Assemblies  or  Courts,  the  on  the  second 
thursday  in  Aprill,  the  other  the  second  thursday  in  September, 
following;  the  first  shall  be  called  the  Courte  of  Election, 
wherein  shall  be  yerely  Chosen  fro  tyme  to  tyme  soe  many 
Magestrats  and  other  publike  Officers  as  shall  be  found  requi- 
sitte  :  Whereof  one  to  be  chosen  Gouernour  for  the  yeare  en- 
sueing  and  vntili  another  be  chosen,  and  noe  other  Magestrate 
to  be  chosen  for  more  then  one  yeare  ;  pj'uided  allwayes  there 
be  sixe  chosen  besids  the  Gouernour ;  w^^  being  chosen  and 
sworne  according  to  an  Oath  recorded  for  that  purpose  shall 
haue  power  to  administer  iustice  according  to  the  Lawes  here 
established,  and  for  want  thereof  according  to  the  rule  of  the 
word  of  God ;  w<=h  choise  shall  be  made  by  all  that  are  admit- 
ted freemen  and  haue  taken  the  Oath  of  Fidellity,  and  doe  co- 
habitte  w^^'m  this  Jurisdiction,  (hauing  beene  admitted  Inhabit- 
ants by  the  maior  p^t  of  the  Towne  wherein  they  hue,*)  or  the 
mayor  p^te  of  such  as  shall  be  then  p^sent. 
[222]  2.  It  is  Ordered,  sentensed  and  decreed,  that  the  Elec- 
tion of  the  aforesaid  Magestrats  shall  be  on  this  manner  :  euery 
p^son  p^sent  and  quallified  for  choyse  shall  bring  in  (to  the 
pi'sons  deputed  to  receaue  the)  one  single  papr  w^h  the  name  of 
him  written  in  yt  whom  he  desires  to  haue  Gouernour,  and  he 

•  Tliis  clause  has  been  interlined  in  a  different  hand  writing  and  at  a  more  recent  period 


22  PUBLICRECORDS 

that  hath  the  greatest  nuber  of  papers  shall  be  Gouernor  for 
that  yeare.  And  the  rest  of  the  Magestrats  or  publike  Officers 
to  be  chosen  in  this  manner  :  The  Secretary  for  the  tyme  be- 
ing shall  first  read  the  names  of  all  that  are  to  be  put  to  choise 
and  then  shall  seuerally  nominate  them  distinctly,  and  euery 
one  that  would  haue  the  pi'son  nominated  to  be  chosen  shall 
bring  in  one  single  paper  written  vppon,  and  he  that  would  not 
haue  him  chosen  shall  bring  in  a  blanke :  and  euery  one  that 
hath  more  written  papers  then  blanks  shall  be  a  Magestrat  for 
that  yeare ;  Wh  papers  shall  be  receaued  and  told  by  one  or 
more  that  shall  be  then  chosen  by  the  court  and  sworne  to  be 
faythfull  therein ;  but  in  case  there  should  not  be  sixe  chosen 
as  aforesaid,  besids  the  Gouernor,  out  of  those  w<=h  are  nomin- 
ated, then  he  or  they  w^h  haue  the  most  written  pap^s  shall  be 
a  Magestrate  or  Magestrats  for  the  ensueing  yeare,  to  make  vp 
the  foresaid  nuber. 

3.  It  is  Ordered,  sentenced  and  decreed,  that  the  Secretary 
shall  not  nominate  any  pi"son,  nor  shall  any  p'son  be  chosen 
newly  into  the  Magestracy  w«^h  -v^^as  not  p^pownded  in  some 
Generall  Courte  before,  to  be  nominated  the  next  Election;  and 
to  that  end  yt  shall  be  lawfull  for  ech  of  the  Townes  aforesaid 
by  their  deputyes  to  nominate  any  two  who  they  conceaue  fitte 
to  be  put  to  Election  ;  and  the  Courte  may  ad  so  many  more  as 
they  iudge  requisitt. 

4.  It  is  Ordered,  sentenced  and  decreed  that  noe  p^son  be 
chosen  Gouernor  aboue  once  in  two  yeares,  and  that  the  Gou- 
ernor be  alwayes  a  meber  of  some  approved  congregation,  and 
formerly  of  the  Magestracy  w^^^^in  this  Jurisdiction  ;  and  all  the 
Magestrats  Freemen  of  this  Comonwelth :  and  that  no  Mages- 
trate or  other  publike  officer  shall  execute  any  pi'te  of  his  or 
their  Office  before  they  are  seuerally  sworne,  w<^h  shall  be  done 
in  the  face  of  the  Courte  if  they  be  pJ'sent,  and  in  case  of  ab- 
sence by  some  deputed  for  that  purpose. 

[224]  5.  It  is  Ordered,  sentenced  and  decreed,  that  to  the 
aforesaid  Courte  of  Election  the  seu^all  Townes  shall  send  their 
deputyes,  and  when  the  Elections  are  ended  they  may  pi'ceed 
in  any  publike  searuice  as  at  other  Courts.  Also  the  other 
Generall  Courte  in  September  shall  be  for  makeing  of  lawes,  and 


OFCONNECTICUT.  23 

any  other  publike  occation,  w^h  conserns  the  good  of  the  Com- 
onwelth. 

6.  It  is  Ordered,  sentenced  and  decreed,  that  the  Goui^nor 
shall,  ether  by  himselfe  or  by  the  secretary,  send  out  sumons  to 
the  Constables  of  eu''  Towne  for  the  cauleing  of  these  two 
standing  Courts,  on  month  at  lest  before  their  seu'"all  t^mes ; 
And  also  if  the  Gou^'nor  and  the  gretest  p^'te  of  the  Magestrats 
see  cause  vppon  any  spetiall  occation  to  call  a  generall  Courte, 
they  may  giue  order  to  the  secretary  soe  to  doe  w^^^in  fower- 
teene  dayes  warneing :  and  if  vrgent  necessity  so  require,  vppon 
a  shorter  notice,  glueing  sufficient  grownds  for  yt  to  the  depu- 
tyes  when  they  meete,  or  els  be  questioned  for  the  same ;  And 
if  the  Goui'nor  and  Mayor  p^te  of  Magestrats  shall  ether  neglect 
or  refuse  to  call  the  two  Generall  standing  Courts  or  ether  of 
the,  as  also  at  other  tymes  when  the  occations  of  the  Coihon- 
welth  require,  the  Freemen  thereof,  or  the  Mayor  p'te  of  them, 
shall  petition  to  them  soe  to  doe  :  if  then  yt  be  ether  denyed  or 
neglected  the  said  Freemen  or  the  Mayor  p^te  of  them  shall 
haue  power  to  giue  order  to  the  Constables  of  the  seuerall 
Townes  to  doe  the  same,  and  so  may  meete  togather,  and  chuse 
to  themselues  a  Moderator,  and  may  pi^ceed  to  do  any  Acte  of 
power,  w^h  any  other  Generall  Courte  may. 

7.  It  is  Ordered,  sentenced  and  decreed  that  after  there  are 
warrants  giuen  out  for  any  of  the  said  Generall  Courts,  the 
Constable  or  Constables  of  ech  Towne  shall  forthw^^  give  no- 
tice distinctly  to  the  inhabitants  of  the  same,  in  some  Publike 
Assembly  or  by  goeing  or  sending  fro  howse  to  howse,  that  at 
a  place  and  tyme  by  him  or  them  lymited  and  sett,  they  meet 
and  assemble  the  selues  togather  to  elect  and  chuse  certen  dep- 
utyes  to  be  att  the  Generall  Courte  then  following  to  agitate  the 
afayres  of  the  comonwelth ;  w'^^  said  Deputyes  shall  be  chosen 
by  all  that  are  admitted  Inhabitants  in  the  seui'all  Townes  and 
haue  taken  the  oath  of  fidellity ;  pi^uided  that  non  be  chosen  a 
Deputy  for  any  Generall  Courte  w^h  is  not  a  Freeman  of  this 
Comonwelth. 

[226]  The  foresaid  deputyes  shall  be  chosen  in  manner  fol- 
lowing :  euery  pi^son  that  is  p^sent  and  quallified  as  before  ex- 
pi'ssed,  shall  bring  the  names  of  such,  written  in  seui^rall  papers, 
as  they  desire  to  haue  chosen  for  that  Imployment,  and  these  3 


r  (I  II  1. 1  ('    It  V.  ('  ()  It  I)  s 


or  i,  iiioit'or  l(>sst>,  Ikmii!';  llit-  uiiIkm'  iii!;r(>(>(l  on  lo  lu'  clioscii  loY 
llnit  tymo,  that  Uiww  if\o:\iv^\  mihiM'  of  iKquM's  vvi'ilhMi  lor  th<> 
shall  1)0  (loputyes  lor  tluit  Courto ;  wliosc^  iiiumcs  shall  Ih>  «mi- 
dorsed  on  tho  haoko  si(l(>  ol'  lln'  wafiaiil  and  ictiinuNJ  into  Ihf 
('otirla,  \v"'  lht>  Constahli"!  or  ( •onst.ahlos  hand  vnto  tho  saino. 

s.  Ti  is  OrdiM'od,  soiit(MU't»d  and  doerood.  tluU  Wyndsor,  llart- 
loiil  ami  \\  t'lliiMsliold  shall  haui>  powor,  och  Towno,  to  send 
Ibwov  ol'  ilioii-  tV(-t>!U(Mi  as  (heir  d(>imtyes  to  euery  Genorall 
(\^urto  ;  and  whalsooutM-  other  'i'ownos  shall  bo  horoaftor  addod 
to  this  Jurisdiction,  thoy  shall  s(>nd  so  nuiny  (l(^i>nfy(>s  as  tho 
('(»nrlt^  shall  jud^o  meeto,  a  rosonaMo  ii'|u>riit>ii  to  th(>  iiiiIum-  i»i' 
l''roon\on  that  nro  in  tho  said  Tow  nos  hoino-  to  ho  attoiulod 
thoroin  ;  \v'''>  dopntytvs  shall  ha\ c  th(>  powor  oi'  tho  \vhi>I(>  'Towno 
to  i^iuo  tlnMr  voats  and  alowanco  to  all  siioh  la\M's  and  (>rdors 
as  may  ln^  lor  lht>  put'likc  <\ooA.  and  unlo  w  •''  tho  said  'IViwiK^s 
ni(*  to  ho  hownd. 

\h  It  is  ordorod  and  decrood,  that  tho  dt^putyos  thus  ohoson 
shall  hauo  powor  and  liluM'ty  to  appoynt  a.  tynio  and  a  place  of 
»n(>otiui;  toi;athor  hof'oro  any  l<(>norall  (^oiu'to  to  adniso  and 
ctuisult  of  all  such  thinij;s  as  may  concorno  the  good  ol'  thopnh- 
like,  as  also  to  examine^  thoir  owno  .l'iloctii>ns,  whether  accord- 
ing to  tho  order,  and  it'  tht>y  or  tho  protest  p'to  of  them  Ihul  any 
(election  to  ho  illoi;all  they  may  sotdud  su(di  t'orp'sont  l'rt^  thoir 
moothtu;.  and  nMiuiio  the  sanx^  and  ihiMr  ros(>ns  to  tht-  Courto  : 
anti  it'  yt  provio  trui',  llu>  I'onrti^  may  lynt>  tho  p'ty  ov  j^'tyosso 
intruding  ami  tho  Towno,  if  thoy  sot*  i'aust\  and  giuo  out  a 
w  arrant  to  go©  to  a  now(>  ^^loctioll  in  a  lo!.!,all  way,  ether  in  p'to 
ov  in  wholtv  .\ls(>  tla*  saiil  »loputyt>s  shall  hauo  ]U)Wor  to  l\  no 
any  that  shall  ho  disonlorly  at  thoir  nu'otings,  (>r  for  not  otnuini; 
in  due  tymt>  or  place  according  to  appoyninuMit  ;  and  they  may 
voturno  tho  said  fyiu-s  int(>  \\\c  Courfe  it'  yl  he  r(M'iis(>d  \o  ho 
paid,  atid  tho  TrosuriM-  ti>  takt>  nolioe  ol'  \  t,  and  to  t>stit>ete  or 
levy  tho  same  as  \\c  doth  olUcv  t'ynes. 

10.  It  is  Onlorod.  sontoncoil  and  tlocrood,  that  euery  Cenorall 
C\)urto.  oxcopt  such  as  through  nogkM'to  o(  tho  (^ouMior  and 
tho  greatest  p'to  o\'  Magostrats  tho  l''i\nMuen  thoinsolvos  tloo 
call,  shall  consist  ot  the  ( JouiMiior.  ov  some  oni>  ohos(>n  lo  nunlor- 
ato  tho  (\unt.  and  l  other  Alagostrats  at  lost.  \v"'  tho  n\ayor 
p'te  of  tho  iloputyos  oi'  tho  souorall  Towuos   legally  chosen  ; 


o  V     i;  O  N  N  K  i'  T  I  c  n  T  .  80 

ami  in  case  tlui  Freemen  <ir  uuivor  [I'lf  of  ilic,  tlii-<»ii''li  iic.'.'icci 
or  rofuHall  of  the  (Joikmikm-  :iii(I  iiiJiyor  p'te  of  llic  (n;i<.:;('slr!i,l,H, 
.shall  ('.ail  a  (/'onrte,  y*  shall  coiisisl  of  ihii  mayor  |>'l(i<»f  I'^rce- 
rnen  ihaf  aic  ji'scnl.  or  Ihrir  (|c|ni(\('s,  \v"'  a,  IVJodcr.'ilor  chosfii 
l)y  thr  ;  III  vv''  ,saJ(l  (■'(•iiciall  (loiirls  shall  eoiisisl  llic  sil|»icirir, 
power  of  the  ( 'oiiioiiweltli,  and  (hey  only  shall  haia^  |tovver  lo 
make  |{iw(!s  nv  re|ieale  lli<\  togra,iiiit.  leiiyes,  londmill  of  l''ree- 
Uieii,  dispose  of  lands  viidispoHed  of,  to  seuerall  'I'ownes  or 
p^Noiis,  and  also  shall  liaiie  powei'  l,o  callelher  ('oiiileor  Maj^es- 
trate  or  any  oilier  |)'son  whatsoeuer  inio  i(iieslioii  for  any  mis- 
ilemeaiiour,  and  may  for  just  (lauses  disphuie  or  dealc!  otherwise 
accoidiiif^  to  the  rialure  of  (lu!  olUjtice  ;  and  also  may  deaKi  in 
;iiiy  other  matt(;r  that  coiKM^rns  tluj  ^ood  of  this  eoiiioii  welth, 
exceptc  eleotion  of  Magcjstrals,  w' ''  shall  he  done  hy  the  whoh- 
hoddy  of  I'^nterruiri. 

[2if7]  In  w''  (yoiirtci  tlu;  (•(MieriKmr  or  l\'l(»dera,t(»r  shall  liaiic 
power  to  order  ihe  ('oiirte  to  ;j;iiie  lilMM'ty  of  speeli,  and  sileiiee 
vne,e,asona,hle  :ind  disorderly  sjieaKe.injfs,  to  put  all  lliin|j;s  lo 
voate,  and  in  eas(;  tin;  vo;ite  h(!e(|n;ill  to  haiK!  tli(wastiii!j;  voie.e. 
Ihit  lion  ol  tli(!se  (/oiirts  shall  he  ;i(liorned  ordissoliied  vv"'oiit 
the  coiiHtmt  of  the,  maior  p'te.  of  the  (-onrt. 

11.  It  is  ord(!red,  sentenced  and  deereiui,  that  when  any 
Generall  Courto  vfipori  the  oeeatioriH  of  the  Cornonwelth  hau<^ 
agreed  vpfiori  any  suiTie  or  soiiies  of  moiiy  to  Im;  le,uy('d  v|»j>ori 
the  Heucrall  Townes  w'^'nn  this  .Jurisdiction,  that  a  ('oiiiittee  ho 
choflcn  to  sett  out  and  appoynt  w"^  Hhall  he  Ihe  |»''[»ortion  of 
cuery  Towne  to  pay  of  the  Haid  leuy,  [>''vided  the-  ( Joiiiittees  he 
made  vp  of  an  efpiall  nuher  out  of  eacfi  'i'owne. 

14'''  January,  Hi'.iH,  the  11  Ordern  ahouesaid  aie  voted. 


[21flJ       TiiK  Oa'i'ii   ok  'imii:  d'oiCNoii,   for  tiik  [i'''hi;nt.] 

I  H^.  111.  heing  now  ch'tsiMi  to  hi;  ( ion' nor  w"'in  this  .luriH- 
dictioii,  for  the  yeare  cnsueinf^,  and  vntil  a  latw  he  chosen,  doo 
swearo  hy  the  greatc  and  drea(Jfiill  name  of  tin;  (jverlineing 
C»od,  to  pTriote  the  puhlicke  good  and  peace  of  the  same,  ac- 
cording to  tlu;  hest  of  my  skill  ;  as  also  will  mayntayne  aJI  law- 
full  jiriuiledges  of  this  (>omonwea.lth  ;  aw  also  that  all  wholsome 
lawes  that  are  or  sliaJI  hi;  made  hy  lawfull  authority  here  estab- 

4 


26  PUBLICRECORDS 

lished,  be  duly  executed ;  and  will  further  the  execution  of 
Justice  according  to  the  rule  of  Gods  word  ;  so  helpe  me  God, 
in  the  name  of  the  Lo :  Jesus  Christ. 

The  Oath  of  a  Magestrate,  for  the  pfgENT. 

I,  ^.  w.  being  chosen  a  Magestrate  wt^in  this  Jurisdiction 
for  the  yeare  ensueing,  doe  sweare  by  the  great  and  dreadfull 
name  of  the  euerliueing  God,  to  pi^mote  the  publike  good  and 
peace  of  the  same,  according  to  the  best  of  my  skill,  and  that 
I  will  mayntayne  all  the  lawfull  priuiledges  thereof  according 
to  my  vnderstanding,  as  also  assist  in  the  execution  of  all  such 
wholsome  lawes  as  are  made  or  shall  be  made  by  lawfull  author- 
ity heare  established,  and  will  further  the  execution  of  Justice 
for  the  tyme  aforesaid  according  to  the  righteous  rule  of  Gods 
word  ;  so  helpe  me  God,  etc. 

[215]  The  Oath  of  a  Constable. 

I,  l2l.  13.,  of  111,  doe  sweare  by  the  greate  and  dreadfull 
name  of  the  euerliueing  God,  that  for  the  yeare  ensueing,  and 
vntill  a  new  be  chosen,  I  will  faythfully  execute  the  office 
and  place  of  a  Constable,  for  and  wt^in  the  said  plantacOn  of 
W :  and  the  lymitts  thereof,  and  that  I  will  endeuor  to  pi^searue 
the  publike  peace  of  the  said  place,  and  Comonwealth,  and  will 
doe  my  best  endeauor  to  see  all  watches  and  wairds  executed, 
and  to  obey  and  execute  all  lawfull  comaunds  or  warrants  that 
com  fro  any  Magestrat  or  Magestrats  or  Courte,  so  helpe  me 
God,  in  the  Lo  :  Jesus  Christ. 


[11]  Ja  :  14tii  1638.  It  is  Ordered  that  the  tresurer  shall  de- 
huer  noe  mony  out  of  his  hands  to  any  p^son  wt^out  the  hands 
of  two  Magistrats  if  the  som  be  above  20s. ;  if  it  be  vnder  then 
the  tresurer  is  to  accept  of  the  hand  of  on  ;  but  if  it  be  for  the 
payment  of  some  bylls  to  be  alowed,  w^i  are  referred  to  some 
Comittes  to  consider  of  whether  alowed  or  not.  That  such  bylls 
as  they  alowe  &  sett  there  hands  vnto  the  Tresurer  shall  accept. 
&  give  satisfacth. 


/I/CQ   «  {(jroyernor.) 


(J)ep.  Goyernor.) 


"^^f^oiVedf^ 


"> 


1 


(J)€Vtities.J 


-—oJim^Gm^  --^/o^^Sf^^ 


u>.  ^%„^^^.   /%,^i^  Qj^^ft' 


y^^lMA  0/yn. 


d'^ 


& 


ci^4<,^ 


OFCONNECTICUT.  27 

[23]  [April  11th,  1539. 

At  a  Generall  Meeting  of  the  Freemen]  for  the  Elec- 
tion OF  Magistrates,  according  [to  the]orders. 
Jno.  Haynes  Esq'.,  was  chosen  Governor  for  the  y[eare 

ensueing]  and  vntill  a  new  be  chosen. 
Mr.  Roger  Ludlowe,  Deputy. 

Mr.  George  WiHis,  Mr.  Edward  Hopkins,  Mr.  Thomas 
Wells,  Mr.  Jn^.  Webster,  Mr.  Wm.  Phelps,  were 
chosen  to  assist  in  the  Magis[tracy]  for  the  yeare 
ensueing,  and  all  tooke  the  oathes  app[ointed]  for 
them. 

Mr.    Edward    Hopkins    was   chosen  Secretary  and  [Mr. 

Thomas]  Wells  Tres'r.  for  the  yeare  ensueing.* 

Committees :    Mr.  Jno.  Steele,  Mr.  Spencer,  Jno.  Pratt, 

Edw :    Stebbing,    [Mr.]  Gaylard,     [Henry]    Woolcott, 

[Mr.  S]toughton,  [Mr.]  Foard,  Thurston  Rayner,  James 

Boosy,  George  Hubbard,  Ric :  Crabb. 

Elty  Pomry  of  Windsor  complayned  that  he  had  [a  mare] 

taken  away  by  the  Pequatts,  w^h  after  the  warrs  [  ] 

was  killed  by  the  Naanticke  Indians ;  he  desir[ed]  therefore 

the  helpe  of  the  Court  to  be  releeved  [and  that]  some  order 

may  be  taken  with  them  for  restitucon.     [The]  Courte  tooke 

the  same  into  serious  consideracon  and  [thinke]  it  according  to 

their  duty  and  good  reason  to  p^tect  [the]  persons  and  estates 

of  all  the  members  of  the  Com[onwealth]  soe  farr  as  lyeth  in 

their  power  in  a  way  of  Just[ice,]  and  accordingly  p^mised  as 

opportunity    shall    be  off[ered]  to  deale    with  those  Indians 

«bout  it. 

The  like  was  desired  by  Mr.  Ludlow  in  regard  of  [  ] 

of  his,  and  the  like  pi'mise  made  to  him. 

The  Court  in  regard  of  the  state  of  the  present  ty[me]  and 
the  many  occations  that  ly  vppon  men,  thought  f  [itte  to]  referr 
the  pniculars  hereafter  mentioned  to  a  Co[mittee,]  vizt.  the 

*  Pages  23-26  of  the  original  are  more  mutilated  and  defaced  than  any  other  portion  of  the 
Volume.  Thus  far,  on  page  [23]  the  words  in  brackets  have  been  suppHed  from  a  copy  made 
in  1743,  and  attested  by  George  Willys,  Secretary,  which  is  printed  with  the  Proceedings  in 
the  Mason  case,  p.  148. 


28  PUBLICRECORDS 

Treaty  with  Vncus  concerning  the  land  [  ]  by 

him  and  other  Indians  between  Hartford  and  W[indsor,]  as  also 
with  Pequannocke  Indians,  who  are  now  co[  ]  to 

answere  any  letters  sent  from  o*"  neighbo^^^  of  Q,[uinnipiac']  and 
to  ripen  orders  formerly  in  agitacon  against  [the]  next  meeting 
of  the  Court  :  They  are  also  des[ire^  to]  putt  Mr.  Goodwin  in 
mind  of  finishing  the  treaty  [  ]  of  the  Towne  of 

Wethersfeeld  with  ^eq[uassen]  concerning  the  land  beyond 
the  River :  and  [the]  Governor,  Mr.  Deputy,  Mr.  Willis,  Mr- 
Hopkins,  Mr.  [  ]  Mr.  Steele  &  Mr.  Spencer  were 
intreated  to  attend  [the  said]  services. 

It  is  ordered  that  the  watch  be  renewed  in  each  [Towne, 
and]  begin  the  second  day  of  the  next  weeke. 

The  Court  was  adiorned  till  the  third  T[hursday  in[  ] 

[24]  [Two  or  three  lines  are  torn  from  the  top  of  this  page,  which  contains  the 
record  of  a  Particular  Court.] 

Jno.  Edmunds,  Aaron  Starke  and  Jno.  Williams  were  cen- 
sured for  vncleane  practises  as  foll^.  Jno.  Williams  [Edmunds  ?] 
to  be  whipt  att  a  Carts  [tail]  vppon  a  lecture  day  at  Hartford. 
Jno.  Williams  to  stand  vppon  the  pillory  from  the  ringing  of  the 
first  bell  to  the  end  of  the  lecture,  then  to  be  whipt  at  a  Carts 
[tail,]  and  to  be  whipt  in  like  manner  att  Windsore  within  8 
dayes  following.  Aaron  Starke  to  stand  vppon  the  pillory  and 
be  whipt  as  Williams,  and  to  haue  the  letter  R  burnt  vppon  his. 
cheeke,  and  in  regard  of  the  wrong  done  to  Mary  Holt  to  pay 
her  parents  10/.  and  in  defect  of  such  to  the  Comonwealth,, 
and  when  both  are  fit  for  that  condition,  to  marry  her. 

It  is  the  mind  of  the  Court  that  Mr.  Ludlow  and  Mr.  Phelps 
see  some  publique  punishment  inflicted  vppon  the  girle  for  con- 
cealing it  soe  long. 

Mr.  Williams  brings  his  action  of  trespasse  aganst  Matthew 
A-llen  for  74  Rod  of  Corne  destroyed  through  defect  of  his 
fence  :  Thomas  Moore  for  10  Rod, 
Mr.  Woolcott  for  60  Rod, 
Ann  Marshall  for  2  Rod, 
George  Phelpes  for  8  Rod, 
Jno.  Porter  for  70. 

The  Jury  find  for  the  pl^S  to  pay  for  224  rod  of  Corne 


OFOONNECTICUT.  29 

spoyled,  three  pounds  ;  for  keeping  of  the  ground  20  dayes, 
305;  Costs  10s. 
[In  7nargin,] 

^Mr.  ]  foreman,  [Mr.  SJkinner,  [Mr.]  Steele, 

;Mr.]  Smith,  [Mr.]  Moore,  [Mr.]  Weed,  [Jeffe]ry  Ferris, 
R]obins,  [     S]cott,  [         Pan]try,  [     S]tanley, 
]  Birchard. 

Thomas  Bull  informed  the  Court  that  a  muskett  with  2  letters 
I  W  was  taken  vp  att  Pequannocke  in  pursuit  of  the  Pequatts, 
wch  was  conceaved  to  be  Jno.  Woods  who  was  killed  att  the 
Rivers  mouth.  It  was  ordered  for  the  present  [that]  the  musk- 
ett should  be  delivered  to  Jno.  Woods  freinds  vntill  other 
appeare. 


August  the  first,  1639. 
Jno,  Bennett  &  Mary  Holt  were  both  censured  to  be  whipt 
for  vncleane  practises,  and  the  girles  M"^  is  inioyned  to  send  her 
out  of  this  Jurisdiction  before  the  last  of  the  next  month. 

These  following  were  censured  &  fined  for  vnseasonable  and 
imoderate  drinking  att  the  pinnace. 

Thomas  Come  well,  305.  Samuell  Kittwell,  105. 

Jno.  Latimer,  155.  Thomas  Vpson,     205. 

Mathew  Beckwith,  105. 
Jno.  Moody  had  an  attachment  graunted  vppon  the  g[oods 
of  Thomas]  Gaines,  in  the  hands  of  Mr.  Stoughton,  for  a  debt 
[of  5^^  weight  of  Tobacco.] 


[25]         A  Generall  Court  att  Hartford,  the  8"^  of 

Aug.   1639. 

< 

Jno.  Haynes  Esq*".  Gov. 
Roger  Ludlow,  Dep'ty. 
Mr.  WiUis,  Mr.  Wells,  Mr.  Webster,  Mr.  Hopkins,  Mr. 
Phelpes. 
Comittees.     Mr.  Talcott,  Mr.   Spencer,  [Jn]o.  Pratt,  Mr. 
Hull,  Mr.  Porter,  Mr.  Tappin,  Mr.   Ward,  Geo.  Hub- 
bard, James  Boosy,  Mr.  Hill,  Mr.  Stoughton. 
The  Constables  of  Hartford  were  fined  25.  Qd,  for  not  return- 
4* 


30  PUBLICRECORDS 

ing  their  warrants  according  to  order,  being  much  favoured  in 
regard  it  was  the  first  tyme  and  one  of  them  sicke. 

Mr.  Wells,  Mr.  Hill  and  Mr.  Ward  were  intreated  to  auditt 
the  last  Tres'rs  acco. 

The  order  of  the  9°  March,  1637,  concerning  powder  and 
shott  is  renewed,  and  yf  it  be  not  provided  by  the  severall 
Townes  within  6  weeks,  the  penalty  to  be  taken  without  any 
mitigacon. 

Whereas  there  was  an  order  of  the  IS^h  of  Febr.  1638,  for 
surveying  the  armor  and  other  military  provitions  in  each 
Towne  once  a  quarter,  w^h  hath  hitherto  beene  too  much  neg- 
lected, for  the  execution  hereof  Mr.  Spencer  was  now  chosen 
for  Hartford,  Mr.  Hill  for  Windsor  and  James  Boosy  for  Weth- 
ersfeeld,  and  they  are  to  begin  before  the  last  of  this  month  ; 
And  in  case  any  of  these  persons  before  chosen  be  negligent  in 
this  great  trust  comitted  to  him,  he  shall  pay  205.  for  every  de- 
fault ;  and  they  are  to  make  returne  of  such  Wh  they  find  de- 
fective, the  nex  Pi'ticular  Court  after  each  tyme  of  their  view, 
and  during  the  tyme  of  this  service  they  are  freed  from  watch- 
ing, warding  and  trayning. 

It  is  ordered  that  all  the  military  men  shall  be  trayned  att 
least  6  dayes  in  the  yeare ;  the  tymes  are  to  be  chosen  att  the 
discretion  of  the  Capt.,  only  the  monthes  of  May,  June  and 
July  are  excepted  vnles  it  be  vppon  spetiall  occation. 

The  Tresurers  acc°  being  audited,  the  Country  was  found 
indebted  to  him  16/.  10s.  6d. 

Mr.  Governo"^,  Mr.  Deputy  and  Mr.  Wells,  or  any  two  of 
them,  are  intreated  to  goe  to  the  Rivers  mouth  to  consult  with 
Mr.  Fenwicke  about  a  treaty  of  combinacon  w^^^  is  desi[red] 
againe  to  be  on  foott  with  the  Bay. 

The  occations  of  the  Comonwealth  being  taken  into  consid- 
eracon,  it  was  thought  fitt  and  ordred  that  a  Rate  of  lOOL.  be 
made  in  these  plantacons,  and  Mr.  Talcott,  Mr.  Hull  and  Mr. 
Tapping  are  intreated  to  prportion  it  vppon  the  several  planta- 
cons, to  be  payd  in,  the  one  halfe  within  [one]  month  and.  the 
other  within  3  monthes. 

The  Court  is  adiorned  till  the  15  of  this  month. 


of    connecticut.  31 

[26]  August  the  15o,  1639. 

A  Meeting  of  the    Generall  Court,  w'^h  was  Adiourned 

UNTILL    THIS    DAY. 

Mr.  Deputy  declared  that  he  with  Mr.  Wells  and  Mr. 
Hooker  had  repayred  to  Mr.  Fennicke  according  to  the  direc- 
tion of  the  Court,  whom  they  found  every  wayes  sutable  to 
their  minds,  and  in  pi^ticular  for  the  present  agitacon  with  the 
Bay  he  is  willing  the  State  here  should  p^ceed  to  a  mutuall  agree- 
ment for  an  offenciue  and  defenciue  warr  and  all  other  offices 
of  loue,  but  desires  that  matters  of  Bounds  may  be  respitted 
vntill  he  vnderstand  further  the  minds  of  the  rest  that  are 
equally  interested  with  him  in  the  patent  of  the  River.  Vppon 
consideracon  hereof,  Mr.  Governo"^  was  intreated  to  write  an 
answere  to  Mr.  Winthropp  that  the  Court  is  very  ready  and 
willing  to  entertaine  a  firme  combinacon  for  a  defenciue  and 
offenciue  warr,  and  all  other  mutuall  offices  of  loue  and  friend- 
shipp,  according  to  the  propositions  formerly  agreed,  w<=ii  are 
the  desires  also  of  Mr.  Fennicke  with  whom  they  haue  con- 
sulted in  the  case.  But  the  matter  of  bounds  he  desires  may 
be  a  little  respited  vntill  he  haue  opportunity  to  intimate  his 
owne  apprehensions,  or  some  others  who  have  equall  interest 
with  himselfe  arriue  in  these  Coasts,  whom  he  hopes  to  see  the 
next  spring. 

M"".  Tres"".  had  order  to  call  in  for  all  the  fines  due  to  the 
Cuntrey,  and  for  such  monyes  as  are  due  from  the  traders  for 
Bevar. 

The  manifold  insolencyes  that  haue  beene  offered  of  late  by 
the  Indians,  putt  the  Court  in  mind  of  that  w^^  hath  beene  too 
long  neglected,  viz*,  the  execution  of  justice  vppon  the  former 
murtherers  of  the  English,  and  it  was  vppon  serious  con- 
sideracon and  debate  thought  necessary  and  accordingly  de- 
termined, that  some  speedy  course  be  taken  herein,  and  for 
effecting  hereof  it  was  concluded  that  100  men  be  levyed  and 
sent  downe  to  Mattabesecke,  where  severall  guilty  persons  re- 
side and  haue  beene  harbored  by  Soheage,  notwithstanding  all 
meanes  by  way  of  persuation  haue  beene  formerly  used  to  him 
for  surrendring  them  vpp  into  C  handes ;  and  it  is  thought  fit 
that  these  counsells  be  imparted  to  o*"  friends  att  Quinnipi- 


32 


PUBLIC     RECORDS 


[ocke]  that  prvition  may  be  made  for  the  safety  of  the  new 
plantacons,  and  vppon  their  ioynt  consent  to  p^ceede  or  desist. 
The  100/.  rate  was  layd  vppon  the  severall  Townes  in  this 
pj'portion ; 

Hartford,  43Z.  00  00 

Windsore,  28    06     8 

Wethersfeild,       28    13     4 


100    00     0 

The  Courte  was  adiorned  to  the  26  of  this  month. 


[27]  August  the  26°,  1639. 

Mr.  Webster  informed  the  Court  that  according  to  the  deter- 
minacon  of  the  last  meeting,  Mr.  Deputy,  Mr.  Willis  and  him- 
selfe  acquainted  o'"  freinds  of  Quinnipiocke  with  their  purposes 
concerning  the  murtherers,  and  desired  the  concurrence  of 
their  apprehensions  therein,  who  fully  approving  of  the  thing 
yett  intimated  their  thoughts  somewhat  to  differ  from  o'^  in  the 
present  execution  of  it,  in  regard  of  some  new  plantacons  that 
are  now  beginning  and  some  inconvenience  w^h  may  fall  vppon 
these  parts  of  the  Cuntrey  by  a  noise  of  a  new  warr,  w^h  may 
hinder  the  coming  of  shipps  the  next  yeare. 

Whereas  divers  of  the  Pequatts  who  were  given  to  Vncus 
and  Antinemo  haue  planted  againe  part  of  the  land  w<=h  was 
conquered  by  us  contrary  to  o"^  agreement  with  them,  It  was 
thought  fitt  and  ordered,  that  40  men  be  proportioned  out  of  the 
severall  plantacons  and  imediately  sent  away  to  gather  the 
Corne  there  planted  by  them. 

The  men  are  p^portioned  for  the  severall  Townes  thus, 

Windsor,  13 

Hartford,  17 

Wethersfield,    10 

40 

It  was  referred  to  Mr.  Governor,  Mr.  Willis,  Mr.  Phelps, 
Capt.  Mason  and  Mr.  Ward,  to  agitate  this  businesse  and  bring 
it  to  an  issue  with  what  speed  may  be,  and  they  haue  power  to 
presse  20  armes,  2  shallopps  and  2  Canowes,  for  this  service. 


OFCONNECTICUT.  33 

It  was  concluded  that  there  be  a  publique  day  of  thanksgiving 
in  these  plantacons  vpponthe  18*^  of  the  next  month. 
This  Court  is  dissolved. 


Sept.  the  5th,  1639. 
Jno.  Haynes  Esqr.  Gov. 
Mr.  Hopkins,  Mr.  Wells,  Mr.  Phelps,  Mr.  Webster. 

Richard  Lyman  complayneth  against  Sequassen  for  burning 
vpp  his  hedge  Wh,  before  Mr.  Governc,  formerly  he  p^mised  to 
satisfy  for,  but  yett  hath  not  done  it.  Sequassen  appeared  and 
pi'mised  to  pay  vi^ithin  4  dayes,  or  elce  an  attachment  to  be 
graunted. 

Edward  Hopkins  comp*.  in  behalfe  of  Mr.  Jno.  Woodcocke, 
against  Fr.  Stiles,  for  breach  of  Covenants,  in  500/. 

Mr.  Stiles  desires  respite  till  the  next  Court  in  regard  of  wit- 
nes  in  the  Bay  :  Graunted. 

Jno.  Moody  contra  Blachford,  for  a  fowling  peece  he 

bought  and  should  have  payd  for  it  40s.  p^  bill  of.  The  Jury 
find  for  the  pi.  41  damages,  costs  6s. 

Ric.  Lord  against  Thomas  Allen  for  40s.  debt.  Mr.  Allen 
appeared  not.  Mr.  Spencer  witnessed  that  he  borrowed  40s.  in 
the  Bay,  of  Ric.  Lord  and  pt'mised  to  repay  it  here.  2s.  6^. 
graunted  for  costs  and  an  attachment  vppon  his  goodes. 

Fr.  Stiles  contra  Jno.  Woodcocke  in  an  action  of  debt  for  2 
hhds  malt  &  a  hhd  of  meale. 

[28]  Samuel  Ireland  was  fined  IDs.  for  contempt  of  y^  Court 
in  not  appearing  vppon  a  warrant  served  vppon  him.  Vppon 
his  submission  he  payd  5s.  &  was  acquitted. 

Thomas  Gridley  of  Windsore  was  complayned  of  for  refusing 
to  watch,  strong  suspition  of  drunkennes,  contempteous  words 
against  the  orders  of  Court,  quarrelling  and  striking  Mr.  Stiles 
his  man  :  he  was  censured  to  be  whipt  att  Hartford  and  bound 
to  his  good  behavior.  He  entred  a  recognizance  of  10/.  for  his 
good  behaviour. 


34  publicrecords 

October  the  3^,  1639. 

Mr.  Haynes,  Mr.  Ludlow,  Mr.  Willis,  Mr.  Wells,  Mr. 
Webster,  Mr.  Phelpes,  Mr.  Hopkins. 

Edwa.  Hopkins  contra  Fr.  Stiles,  in  behalfe  of  Jno.  Wood- 
cocke,  in  an  accon  for  breach  of  Covenants.  Covenants  p'^du- 
ced.  The  Jury  find  that  the  deft,  hath  in  his  hands  80/.  and  150/. 
for  the  purchase  of  the  house,  and  for  not  taking  in  400  acres 
of  ground  according  to  Bargaine,  that  Mr.  Stiles  should  take 
the  house  backe  againe  and  repay  backe  the  230/.  v^^ith  70/. 
damages;  costs  10s.* 

It  is  ordered  that  the  souldiers  for  the  last  exploit  shall  be 
payd  for  9  dayes,  att  2s.  p'  day,  the  mony  to  be  payd  to  the 
Constable  of  every  Towne  and  he  to  deduct  the  cost  of  the 
provitions  he  pressed  for  them. 


Sept.  the  10*1^,  1639.     A  Generall  Court. 

Jno.  Haynes,  Esqr. 

Mr.  WiUis,  Mr.  Hopkins,  Mr.  Wells,  Mr.  Webster,  Mr. 

Phelpsi. 
Comittees :  Mr.  Steele,  Mr.  Talcott,  Mr.  Spencer,  Jno. 
Pratt,  Mr.  Gaylord,  Capt.  Mason,  Mr.  Hill,  Mr.  Hull, 
Mr.  Tapping,  Mr.  Ward,  James  Boosy,  George  Hub- 
"bard. 
The  Constables  of  Windsor  were  fined  5s.  for  not  returning 
the  warrant  of  the  Comittees  that  were  chosen  for  that  Towne. 
Mr.  Deputy  was  fined  5s.  for  being  absent. 
Mr.  Hopkins,  Mr.  Wells,  Mr.  Steele  and  Mr.  Spencer  were 
intreated  to  ripen  some  orders  that  were  left  vnfinished  the 
former  Court,  as  about  pJ'vition  of  settling  of  lands,  testaments 
of  the  deceased,  and  recording  spetiall  passages  of  P^'vidence. 

The  Court  was  adiorned  vntill  the  second  thursday  in  the 
next  month,  vnlesse  spetiall  occations  occurr  to  call  it  sooner. 

*  An  imperfect  record  of  this  trial  and  verdict  is  made  at  the  bottom  of  page  [25.] 


OP     CONNECTICUT.  35 

[29]     OcTOB""   THE  lO^Ji,    1639.     A  Session  of  the  Generall 

Court. 

Mr.  Deputy  informed  the  Court  that  he  hath  vnderstood  since 
his  returne,  offence  hathbeerie  taken  att  some  of  hispi'ceedings 
in  his  late  jorney  to  Pequannocke,  and  the  parts  thereabouts : 
he  therefore  desired  to  make  knowne  what  had  beene  done  by 
*  him  therein,  w^h  was  this  ;  Att  his  coining  downe  to  Quin- 
nipiocke  the  hand  of  the  Lord  was  vppon  him  in  taking  away 
some  of  his  Cattle,  w^h  prevented  him  in  some  of  his  purposes 
there  for  selling  some  of  them  :  Afterwards  att  his  coming  to 
Pequannocke  he  found  cause  to  alter  his  former  thoughts  of 
wintering  his  Cattle  there,  and  vnderstanding  that  the  begin- 
nings of  a  Plantacon  beyond  that  was  not  caryed  on  according 
to  the  agrement  made  with  those  who  were  interessed  in  order- 
ing the  same,  and  that  by  some  things  w^h  appeared  to  him,  his 
apprehensions  were  that  some  others  intended  to  take  vp  the 
sayd  place,  who  had  not  acquainted  this  Court  with  their  pur- 
poses therein,  w^h  might  preiudiciall  to  this  Comon  wealth,  and 
knowing  himselfe  to  be  one  of  those  to  whom  the  disposal  of 
that  plantacon  was  comitted,  he  adventured  to  drive  his  Cattle 
thither,  make  provition  for  them  there,t  and  submitts  himselfe 
to  the  Court  to  judge  whether  he  hath  transgressed  the  Coinis- 
sion  or  nott. 

The  Court  taking  the  premises  into  consideracon,  did  vnani- 
mously  conceaue  that  his  p^ceedings  could  not  be  warranted  by 
thf  Comission,  nor  can  he  be  excused  of  neglect  of  his  duty, 
that  he  had  not  given  notice  to  these  plantacons  of  what  he  did, 
notwithstanding  his  allegations  of  the  inconveniences  w^  oth- 
erwise might  have  accrued ;  yett  that  the  thing  may  fully  ap- 
peare  as  it  is,  and  matters  ordered  in  a  comely  maner.  It  is 
conceaued  fitt  that  a  Comittee  be  chosen  to  repaire  thither  and 
take  a  view  of  the  aforesayd  occations,  and  yf  in  their  judgments 
both  persons  &  things  settled  by  him  be  soe  as  comfortably  be 
confirmed,  they  may  remayne  as  they  are,  or  otherwise  altered 
att  their  discretions ;  and  they  are  to  report  things  how  they 
find  them,  to  the  next  Generall  Court,  that  then  a  full  issue  may 

*  [Margin]  "  Mr.  Ludlow  his  Apology  for  taking  vp  Vncoa  ;" 

t  [Margin!  "and  to  sett  out  himselfe  and  some  others  house  lotts  to  build  on  there." 


36  PUBLICRECORDS 

be  given  to  the  matter  in  hand,  as  things  shall  then  appeare  j 
and  Mr.  Governo'^  and  Mr.  Wells  were  intreated  to  attend  this 
service,  and  they  are  desired  to  conferr  with  the  planters  att 
*  Pequannocke,  to  give  them  the  oath  of  fidelity,  make  such  free 
as  they  see  fitt,  order  them  to  send  one  or  two  deputyes  to  the 
two  Generall  Courts  in  September  and  Aprill,  and  for  deciding 
of  differences  &  controversies  vnder  405,  among  them,  to 
prpound  to  them  &  give  them  power  to  choose  7  men  from 
among  themselues,  with  liberty  of  appeale  to  the  Court  here  ; 
as  also  to  assigne  Si'ieant  Nicholls  for  the  present  to  trayne  the 
men  and  exercise  them  in  military  discipline ;  and  they  are  far- 
ther desired  to  speake  with  Mr.  Prudden,  and  that  Plan[tacon] 
that  the  difference  betweene  them  and  Pequannocke  plantacon 
may  be  peaceably  decided,  and  to  this  end  that  indifferent  men 
may  be  chosen  to  iudge  who  have  most  right  to  the  places  in 
controversy  and  most  nead  of  them,  and  accordingly  determined 
as  shall  be  most  agreeable  to  equity  and  reason. 
[30]  It  is  ordered  that  Mr.  WilHs,  Mr.  Websf  and  Mr.  Spen- 
cer shall  review  all  former  orders  and  lawes  and  record  such  of 
them  as  they  conceave  to  be  necessary  for  publique  concerne- 
ment,  and  deliver  them  into  the  Secretaryes  hands  to  be  pub- 
lished to  the  severall  Townes,  and  all  other  orders  that  they  see 
cause  to  omitt  to  be  suspended  vntill  the  Court  take  further 
order. 

Mr.  Fenwicke,  Mr,  Whiting,  Mr,  Hill  and  Mr,  Ward  are 
nominated  by  the  Court  to  be  presented  to  the  vote  of  the 
Cuntrey  for  magistratts  att  the  Court  in  April!  next,  prvidejfj 
Mr.  Fenwicke  and  Mr.  Whiting  shall  be  freemen  by  that  tyme. 

The  Townes  of  Hartford,  Windsore  and  Wethersfield,  or 
any  other  of  the  Townes  wi'thin  this  jurisdiction,  shall  each  of 
them  haue  power  to  dispose  of  their  owne  lands  vndisposed  of, 
and  all  other  coinodityes  arysing  out  of  their  owne  lymitts 
bounded  out  by  the  Court,  the  libertyes  of  the  great  River  ex- 
cepted, as  also  to  choose  their  owne  officers,  and  make  such 
orders  as  may  be  for  the  well  ordering  of  their  owne  Townes, 
being  not  repugnant  to  any  law  here  established,  as  also  to  im- 
pose penaltyes  for  the  breach  of  the  same,  and  to  estreat  and 
levy  the  same,  and  for  non-payment  to  distrayne,  and  yf  there 

*  [In  margin]  "  Gou'r  &  Mr.  Wells. sent  to  Peq," 


OFCONNECTICUT.  37 

be  noe  personall  estate,  to  sue  to  the  Court  to  sell  his  or  their 
house  or  land,  for  making  satisfaction,  i  Also  each  of  the  afore- 
sayd  Townes  shall  haue  power  by  a  generall  consent  once  every 
yeare  to  choose  out  3,  5  or  7  of  their  cheefe  Inhabitants,  where- 
of one  to  be  chosen  moderator,  who  having  taken  an  oath  pro- 
uided  in  that  case,  shall  haue  a  casting  voice  in  case  they  be 
equall;  w^h  sayd  pi^sons  shall  meett  once  in  every  2  monthes  & 
being  mett  together,  or  the  maior  part  of  ihem,  whereof  the 
moderator"  to  be  one,  they  shall  haue  power  to  heare,  end  and 
determine  all  controversies,  eyther  trespasses  or  debts  not  ex- 
ceeding 40s.  provided  both  partyes  live  in  the  same  Towne  ; 
also  any  two  of  them  or  the  moderator  may  graunt  out  suinons 
to  the  party  or  partyes  to  come  to  their  meetings  to  answere 
the  actions  ;  also  to  administer  oath  to  any  witnesses  for  the 
clearing  of  the  cause,  and  to  giue  judgment  and  execution 
against  the  party  offending.  But  yf  eyther  party  be  grieved 
att  the  sentence,  he  shall  haue  liberty  to  appeale  to  a  higher" 
Court,  pi'vided  it  be  before  iudgment  and  execution  be  graunted. 
But  yf  it  fall  out  there  be  noe  ground  for  the  appeale,  the  Court 
to  confirme  the  iudgment  and  giue  good  costs,  and  fine  or  pun- 
ish the  p^ty  appealing. 

The  Townes  aforesayd  shall  each  of  them  p^'vide  a  Ledger 
Booke,  with  an  Index  or  alphabett  vnto  the  same  :  Also  shall 
choose  one  who  shall  be  a  Towne  Clerke  or  Register,  who  shall 
before  the  Generall  Court  in  Aprill  next,  record  every  man's 
house  and  land  already  graunted  and  measured  out  to  him,  with 
the  bounds  &  quantity  of  the  same,  and  whosoever  shall  neg- 
lect 3  monthes  after  notice  given  to  bring  into  the  sayd  Towne 
[31]  Clerke  ||.or  Register  a  note  of  his  house  and  land,  with  the 
bounds  and  quantity  of  the  same,  by  the  nearest  estimacon, 
shall  forfeit  105.  and  soe  10s.  a  month  for  every  month  he  shall 
soe  neglect.  The  like  to  be  done  for  all  land  hereafter  graunted 
and  measured  to  any  ;*  and  all  bargaines  or  morgages  of  land 
whatsoever  shall  be  accounted  of  noe  value  vntill  they  be  re- 
corded, for  wch  entry  the  Register  shall  receaue  6d.  for  every 
parcell,  delivering  every  owner  a  coppy  of  the  same  vnder  his 
hand,  whereof  4c?.  shall  be  for  himselfe  and  2d.  for  the  Secretary 
of  the  Court.     And  the  sayd  Register  shall,  every  Generall 

•  [In  margin ;]  "  Heere  insert  so  mucli  ye  printed  booke  fol :  24  :  from  A  :  to  B  :" 

5 


38  PUBLICRECORDS 

Court,  in  Aprill  and  September,  deliver  into  the  same  a  tran- 
script fayrely  written  of  fell  such  graunts,  bargaines  or  ingage- 
ments  recorded  by  him  in  the  Towne  Booke,  and  the  Secre- 
tary of  the  Court  shall  record  it  in  a  booke  fayrely  written 
p'"vided  for  that  purpose,  and  shall  preserue  the  coppy  brought 
in  vnder  the  hand  of  the  Towne  Clerke.  Also  the  sayd  Towne 
Clerke  shall  haue  for  every  serch  of  a  parcell  Id.  and  for  every 
coppy  of  a  parcell  ijd ;  and  a  coppy  of  the  same  vnder  the  hands 
of  the  sayd  Register  or  Towne  Clerke  and  two  of  the  men 
chosen  to  governe  the  Towne,  shall  be  a  sufficient  evidence  to 
all  that  haue  the  same. 

After  the  death  and  decease  of  any  person  possessed  of  any 
estate,  be  it  more  or  lesse,  and  who  maketh  a  will  in  writing  or 
by  word  of  mouth,  those  men  w'^h  are  appointed  to  order  the 
afFayres  of  the  Towne  where  any  such  person  deceaseth,  shall 
within  one  month  after  the  same,  at  furthest,  cause  a  true  In- 
ventory to  be  taken  of  the  sayd  estate  in  writing,  as  also  take  a 
coppy  of  the  sayd  will  or  testament  and  enter  it  into  a  booke  or 
keepe  the  coppy  in  safe  custody,  as  also  enter  the  names  vppon 
record  of  the  Children  and  Legatees  of  the  Testator  or  deceased 
p'son,  and  the  sayd  orderers  of  the  afFayres  of  the  Towne  are 
to  see  every  such  will  and  Inventory  to  be  exhibited  into  the 
publique  Court,  within  one  quarter  of  a  yeare,  where  the  same 
is  to  be  registered  ;  and  the  sayd  orderers  of  the  afFayres  of  the 
Towne  shall  doe  their  indeauour  in  seeing  that  the  estate  of  the 
Testator  be  not  wasted  nor  spoyled,  but  improved  for  the  best 
advantage  of  the  Children  or  Legatees  of  the  Testator,  accord- 
ing to  the  mind  of  the  Testator,  for  their  and  euery  of  their  use, 
by  their  and  every  of  their  allowance  and  approbacon.  But 
when  any  p^son  dyeth  intestate,  the  sayd  orderers  of  the  afiayres 
of  the  Townes  shall  cause  an  Inventory  to  be  taken,  and  then 
the  publique  Court  may  graunt  the  administracon  of  the  goodes 
and  Chattells  to  the  next  of  kin,  jointly  or  severally,  and  divide 
the  estate  to  wiefe  (yf  any  be,)  children  or  kindred,  as  in  equity 
they  shall  see  see  meet ;  and  yf  noe  kindred  be  found,  the  Court 
to  administer  for  the  publique  good  of  the  Comon,  p^^vided  there 
be  an  Inventory  registered,  that  yf  any  of  the  kindred  in  future 
tyme  appeare  they  may  haue  justice  and  equity  done  vnto 
them ;  and  all  charges  that  the  publique  Court  or  the  orderers 


OFCONNECTICUT.  39 

of  the  afFayres  of  the  Townes  are  att  about  the  trust  comitted 
to  them,  eyther  for  writing  or  otherwise,  it  is  to  be  payd  out  of 
the  estate. 

Within  20  dayes  after  the  end  of  this  Court,  the  Secretary 
shall  provide  a  coppy  of  all  the  penall  lawes  or  orders  standing 
in  force,  and  all  other  that  are  of  generall  concernement  for 
[32]  the  II  governement  of  the  Comonwealth,  and  shall  giue 
direction  to  the  Constables  of  every  Towne  to  publish  the  same 
within  4  dayes  more,  att  some  publique  meeting  in  their  severall 
Townes,  and  then  shall  cause  the  sayd  lawes  and  orders  to  be 
written  into  a  booke  in  their  severall  Townes,  and  kept  for  the 
use  of  the  Towne,  and  soe  for  future  tyme  for  all  lawes  or  orders 
that  are  made  as  aforesayd,  each  session  of  the  Generall 
Courts ;  and  once  every  yeare  the  Constables,  in  their  severall 
Townes,  shall  read  or  cause  to  be  read  in  some  publique  meet- 
ing all  such  lawes  as  then  stand  in  force  and  are  not  repealed  ; 
and  the  Secretary  of  the  Court  shall  haue  12c?.  for  the  coppy  of 
the  orders  of  each  session  of  every  generall  Court,  from  each  of 
the  Townes. 

Also,  the  Secretary  of  the  Court  shall  have  xijd.  for  every  ac- 
tion that  is  entred,  to  be  payd  by  him  that  enters  the  action, 
and  he  that  is  cast  in  the  suit  to  allow  it  in  costs. 

Whatsoever  member  of  the  generall  Court  shall  reveale  any 
secrett  w^i*  the  Court  inioynes  to  be  kept  secrett,  or  shall  make 
knowne  to  any  p^son  what  any  one  member  of  the  Court  speaks 
concerning  any  p^son  or  businesse  that  may  come  into  agita- 
con  in  the  Court,  shall  forfeit  for  every  such  fault  ten  pounds, 
and  be  otherwise  dealt  withall,  at  the  discretion  of  the  Court. 
And  the  Secretary  is  to  read  this  order  att  the  beginning  of 
every  generall  Court. 

For  the  better  keeping  in  mind  of  those  passages  of  Gods 
p«"vidence  w^h  haue  beene  remarkable  since  c  first  undertaking 
these  plantacons,  Mr.  Deputy,  Capt.  Mason,  Mr.  Stone,  Mr. 
Goodwine,  Mr.  Chapleyn,  and  George  Hubberd,  are  desired  to 
take  the  pains  severally  in  their  severall  Townes  and  then 
ioyntly  together,  to  gather  vp  the  same,  and  deliver  them  into 
the  generall  Court  in  Aprill  next,  and  yf  it  be  iudged  then  fitt, 
they  may  be  recorded ;  and  for  future  tymes  whatsoever  re- 
markable passages  shall  be,  yf  they  be  publique,  the  sayd  partyes 


40  PUBLICRECORDS 

are  desired  to  deliver  in  the  same  to  the  generall  Court.  But 
yf  any  p^ticular  p^son  desires  to  bring  in  any  thing,  he  shall 
bring  it  vnder  the  handes  of  two  of  the  aforementioned  pJ'tyes 
that  it  is  true,  and  then  present  it  to  the  general!  Court,  that  yf 
it  be  there  iudged  requisite  it  may  be  recorded ;  provided  that 
any  generall  Court  for  the  future  may  alter  any  of  the  partyes 
beforementioned  or  add  to  them  as  they  shall  iudge  meet. 
The  Court  was  dissolved. 


[33]  NOVEMB'  THE  7*^^,   1639.       A  PrTICULAR  CoURT. 

Jno.  Haynes  Esq^.,  Mr.  Wells,  Mr.  Webster,  Mr.  Phelps. 

Richard  Gildersley  contra  Jacob  Waterhouse,  in  an  action 
of  debt.     Jury  find  for  pl^.  14/.  185.  Qd.      Costs  &  damages  Qs. 
Jacob  Waterhouse  contra  Ric.  Gildersleeue,  in  an  action  of 
debt.     The  Jury  find  for  the  pl^. 

For  a  hogg,  21.  Os.  Od. 

Damages,  1.    17.    4. 

Costs  of  suite,  0.      6.    0. 


3.     17.    4. 

The  Court  adviseth  vpon  informacon  given  that  the  levying 
of  Mr.  Michell  his  fine  be  forborne  vntill  the  next  Generall 
Court. 

The  Court  admitteth  the  relict  of  Jno.  Brundish  of  Wethers- 
field  deceased  to  be  Administratrix  for  the  use  of  her  and  her 
children.* 


Dec.  the  5th,  1639.      A  PrTicuLAR  Court. 

Jno.    Haynes  Esqi".,  Roger  Ludlow,   Mr.  Hopkins,  Mr. 
Willis,  Mr.  Wells,  Mr.  Webster,  Mr.  Phelps. 
Richard  Westcoat  contra  Jno.  Plum,  in  an  action  of  tres- 
passe,  to  the  value  of  10/.     The  Jury  find  for  the  pK.  6  Bush- 
ells  of  Corne  :  costs  of  suit  12s. 

*  An  Inventory  of  the  estate  of  John  Brundish  is  recorded  at  page  [70] 


I 


OF     CONNECTICUT.  41 

Jno.  Plum  contra  Wm.  Westcoat  in  an  action  of  the  case, 
not  prforming  the  trust  of  a  Covvkeeper,  to  his  damage  of  20/. 
The  Jury  find  for  the  Deft.;  costs  12s. 


January  the  2^^,  1639.      A  PrTicuLAR  Court. 

Wm.  Clarke,  servant  to  Jno.  Crow,  was  fined  405.  for  misde- 
meanor in  drinking,  and  corporall  punishment  was  remitted 
vppon  his  p^mise  of  his  care  for  the  future  to  avoyd  such 
occations. 

Execution  was  granted  to  Richard  Westcoat. 

It  was  thought  fitt  and  ordered  that  Frauncis  Norton  and 
Thomas  Coleman  shall  haue  power  to  call  before  them  such  as 
Mr.  Plum  shall  suggest  to  them,  to  be  (as  he  conceaues)  joint 
offenders  in  the  damage  layd  vppon  his  swine  in  the  case  of 
Ric.  Westcoat,  eyther  in  regard  of  any  other  Cattle  that  were 
knowne  to  be  in  the  sayd  Corne,  or  weaknesse  of  fence,  or 
neglects  in  keeping  shutt  any  gate  or  gates  into  the  sayd  Corne. 
and  yf  they  can  with  the  consent  of  the  partyes,  to  divide  the 
sayd  damages  layd  vppon  Mr.  Plum.  But  yf  they  agree  not,  to 
returne  their  opinions  concerning  the  same  into  the  Court. 


[34]        January  the  16^^,  1639.     A  Generall  Court. 

Jno.  Haynes  Esq"".,  Roger  Ludlow  Esq''.,  Mr.  Willis,  Mr. 

Hopkins,  Mr.  Webster,  Mr.  Welles,  Mr.  Phelpes. 
Comittees.     Mr.  Steele,  Mr.  Spencer,  Mr.  Talcott,  Jno. 
Pratt,  Mr.  Hill,  Mr.  Hull,  Mr.  Gaylord,  Mr.  Stoughton, 
Mr.  Ward,  Thurston  Rayner,  James  Boosy,  Ric.  Crabb. 
Mr.  Governor"  informed  the  Court  that  the  occation  of  calling 
them  together  att  this  tyme  was  att  the  importunity  of  o''  neigh- 
hoi's  of  Wethersfeeld,  who  desired  to  haue  some  answere  to 
their  request  concerning  Vncoa,  and  therevppon  he  related  that 
himselfe  with  Mr.  Wells,  according  to  the  order  of  Court,  went 
thither,  and  tooke  a  view  of  what  had  been  done  by  Mr.  Lud. 
low  there,  and  vppon  due  consideracon  of  the  same  they  haue 
thought  fitt,  vppon  Mr.  Ludlowes  assenting  to  the  tearmes  pro- 
pounded by  them,  to  confirme  the  same. 
5* 


42  PUBLIC      BECORDS 

It  is  ordered  both  for  the  satisfaction  of  those  of  Hartford 
&  Windsore,  who  formerly  mooved  the  Court  for  some  inlarge- 
ment  of  accommodacon,  and  also  for  o""  neighbor's  of  Wethers- 
feeld  who  desire  a  plantacon  there,  that  Mr.  Phelps,  Mr.  Hill, 
Thomas  Scott,  Wm.  Gibons,  Robert  Rose  and  James  Boosy, 
shall  as  soone  as  with  any  conveniency  may  be,  view  those 
parts  by  Vnxus  Sepus  W^h  may  be  suitable  for  those  purposes 
and  make  report  of  their  doings  to  the  Court  wch  is  adiorned 
for  that  end  to  the  20^^  of  Febr.  att  10  of  the  clocke  in  the 
morning. 

Febr.  the  20*1^   1639.      A  session  of  the  Generall  Courte. 

Mr.  Hull  moved  the  Court  in  behalfe  of  Thomas  Foard  of 
Windsore,  that  in  regard  the  workemen  are  much  taken  vp  and 
imployed  in  making  a  bridge  and  meeting  house  with  them,  and 
his  worke  hendred  of  impaling  in  the  ground  w^h  was  graunted 
him  by  the  Court  for  a  hogg  parke,  that  there  may  be  graunted 
him  a  yeare  longer  tyme  for  the  fencing  it  in ;  w^h  was  vppon 
the  reasons  aforesayd  condiscended  to. 

O"'  neighbors  of  Wethersfeeld,  in  regard  the  weather  hath  not 
hitherto  suited  for  the  viewing  of  Vnxus  Sepos,  and  that  a  Gen- 
erall Court  ere  long  will  fall  in  course,  intimated  their  willing, 
ness  to  deferr  the  issue  of  the  busines  vntill  then  ;  onely  it  was 
conceaued  fitt  and  ordered  accordingly,  that  Mr.  Wells,  Capt. 
Mason  and  George  Hubberd  be  added  to  the  former  Comittee, 
who  are  with  their  view  to  vnderstand  the  desires  of  o^"  neigh- 
bC's  of  Wethersfeeld,  and  to  consider  of  such  bounds  as  they 
iudge  fitt  for  them,  and  to  returne  their  opinions  to  the  Court. 

Mr.  Deputy  was  intreated  to  consider  of  some  orders  concern- 
ing an  inquiry  into  the  death  of  any  that  happen  eyther  acci- 
dentally or  by  violence,  and  for  disposing  the  estate  of  persons 
that  dy  intestate,  and  for  ye  power  of  the  magistrate  in  inflict- 
ing corporall  punishment,  and  present  it  to  the  next  Court,  as 
also  what  course  may  be  best  taken  with  any  that  shall  buy  or 
possesse  lands  within  this  Jurisdiction,  that  the  publique  good 
may  be  best  promoted. 
The  Court  was  dissolved. 


OF      CONNECTICUT 


43 


[35] 


Febr.  the  6*1',  1639.     A  PfTicuLAR  Court, 


Jno.  Haynes  Esq"". 

Roger    Ludlow    Esqr.,    Mr.    Willis,    Mr.  Hopkins,    Mr. 
Welles,  Mr.  Webster,  Mr.  Phelpes. 

Jno.  Porter  was  sworne  a  Constable  for  Windsore,  Nathan- 
iell  Eli  for  Hartford,  Robert  Rose  for  Wethersfeeld,  for  the 
yeare  ensueing. 

Whereas  there  was  graunted  the  first  of  August  last  an  exe- 
cution to  Roger  Williams  and  others  of  Windsore,  vppon  the 
goodes  of  Mr.  Mathew  Allen,  for  51.  damages  and  costs,  in  a 
tryall  of  12  men,  w^h  execution  was  served  by  the  officer  of  the 
Court  and  goodes  or  Cattell  sold  for  pi'formance  of  the  same, 
and  the  remainder  offered  by  the  sayd  officer  to  Mr.  Allen, 
well  he  refused.  The  officer  now  brought  fower  pounds  six 
shillings  into  the  Court,  w^h  was  delivered  into  the  hands  of 
Mr.  Tres"".  vntill  further  orders. 

Mr.  Oldams  estate  being  examined  the  account  of  it  as  it 
stands  in  this  Jurisdiction  is  as  followeth  : 

Estate  of  Mr.  Oldam  deceased  is  debtor. 


To  Mathew  Marvine, 
To  Richard  Lord, 
To  Wm.  Lewis, 
To  Edward  Mason, 
To  Jeffery  Ferris, 
To  Henry  Browning, 
To  Thomas  Staunton, 
To  Thomas  Scott, 
To  Mr.  Chapleyn, 
To  Mr.  Pincheon, 
To  Andrew  Warner, 
To  Edwa.  Stebbing, 
To  Mr.  Talcott, 
To  Mr.  Jno.  Haynes, 
To  Mathew  Allen, 
To  Lieftenant  Seely, 
To  Edward  Hopkins,  & 


It  was  thought  fit  and  ordered  that  this  Acco  be  sent  to  the 
Bay,  and  yf  a  iust  ace"  be  also  returned  from  thence  in  a  rea- 


£. 

s. 

d. 

1, 

6. 

8. 

5. 

5. 

0. 

9. 

12. 

3. 

P'  Contra  is  Creditr, 

3, 

3. 

0. 

By  Lieftenant  Seely,        £28. 

15.     2. 

3. 

15. 

0. 

By  Jno.  Chapman,            £  4. 

15.     0. 

11. 

0. 

0. 

By  Ric.  Lawes,                  £  6. 

4,  11, 

03. 

5. 

0. 

By  Mr,  Chapleyne,           £89, 

15.     2. 

00. 

18. 

0. 

By  Thomas  Allen,    *       £  6, 

16.     6. 

146, 

18. 

0. 

, 

022. 

19. 

9. 

£136. 

6.     9. 

009. 

19. 

0. 

_ 

002. 

13. 

4. 

021. 

6. 

3. 

Jan.  the  6o,  1640. 

002. 

0. 

0. 

W"  Lewis  abated  out  of  his 

debt  on 

020, 

15, 

0. 

the  other  side  21.  16s.,  w'^''  h( 

s  was  to 

010. 

13. 

0. 

allow  for  a  hogg  he  bought 
Oldam. 

of  Mr. 

!,  229. 

00 

0. 

0504. 

09. 

3. 

44  PUBLICRECORDS 

sonable  ty me,  an  equal  division  may  be  made  of  the  whole ;  yf 
not,  the  estate  here  shall  be  divided  among  the  Creditors  here. 

Frauncis  Norton  and  Thomas  Coleman  deliuered  into  the 
Court  their  apprehensions  touching  the  case  betweene  Mr, 
Plum  and  Ric.  Westcoatt,  w^^  being  taken  into  full  considera- 
con  by  the  Court,  It  was  ordered  that  the  iudgment  by  the  jury 
shall  stand,  and  execution  to  be  graunted  to  Westcoatt ;  but  it 
is  thought  fitt  that  JefFery  Ferris  shall  allow  Mr.  Plum  two 
bushells  of  Corne,  towards  the  damages  layd  vppon  his  swine, 
in  regard  his  fence  is  found  to  be  insufficient,  and  his  Cowes 
were  pi'ved  to  be  in  Westcoatts  corne,  and  Mr.  Chester  is  to 
allow  Mr.  Plum  one  bushell  of  Corne,  in  regard  his  bore  was 
found  to  be  in  the  sayd  Corne  as  well  as  Mr.  Plums. 
[36]  And  it  was  further  ordered  that  JefFery  Ferris,  in  regard 
he  challenged  the  partyes  interessed  by  the  Court  for  searching 
out  the  sayd  businesse,  not  to  be  indifferent  men,  and  denyed 
to  attend  them  according  to  the  order  of  Court,  shall  pay  as  a 
fine  to  the  Cuntrey  205.;  and  in  regard  he  was  one  occationof 
much  charge  to  Mr.  Plum  in  bringing  many  witnesses  this  day, 
vppon  his  suggestion  to  the  Court  that  they  would  not  speake 
that  that  in  the  face  of  the  Court  w<=h  they  did  before  the  Com- 
issioners,  w^h  was  found  otherwise,  he  was  adiudged  to  pay  lOs. 
to  Mr.  Plum  towards  his  charges ;  and  Richard  Westcoat,  for 
misleading  Jno.  Whitmore,  was  fined  105.  to  the  Cuntrey. 


March  the  5^^,  1639.     A  P^'ticular  Court. 

^^ 
Jno.  Haynes  Esqi".  Governor'. 

Roger  Ludlow  Esq''.  Dep'ty. 

Mr.  Hopkins,  Mr.  Wells,  Mr.  Webster,  Mr.  Phelpes. 
This  present  day  there  was  returned  into  the  Court  by  Mr. 
Gaylard,  one  of  the  overseers,  a  Coppy  of  the  estate  of  the  chil- 
dren of  Thomas  Newbery  deceased,  dated  the  lO^i^  of  Febr. 
1639,  subscribed  by  Mr.  Ludlow,  Mr.  Phelpes,  Mr.  Huett,  Mr. 
Hill,  George  Hull  and  Wm.  Hosford. 

Whereas  a  difference  hath  arisen  betweene  Mr.  Smith  and 
some  others  of  Wethersfeeld,  about  the  measure  of  some  ground, 


OFCONNECTICUT.  45 

w^h  being  long  debated  it  was  thought  fitt  that  it  be  referred  to 
some  indifferent  men  to  issue,  and  Mr.  Wells  and  Mr.  Webster 
are  intreated  by  the  Court,  in  the  first  and  fittest  season  to  goe 
downe  to  Wethersfeeld,  and  to  settle  the  same  as  in  equity  and 
justice  they  shall  see  fitt,  that  peace  and  truth  may  be  contin- 
ued. But  it  was  iudged  very  equall  and  reasonable,  in  regard 
Mr.  Smith  in  setting  vp  his  posts  p^ceeded  in  a  legall  and  iust 
way,  that  he  be  not  putt  to  the  charge  of  taking  vp  and  setting 
downe  his  posts  againe  :  the  rule  that  Mr.  Wells  and  Mr.  Web- 
ster are  to  goe  by  is  one  of  the  other  3  ranges  of  meadow,  and 
they  may  call  whom  they  thinke  meet  in  Weathersfeeld  to  assist 
in  the  busines. 

Whereas  there  was  an  attachment  graunted  to  Ric.  Lord 
vppon  the  goodes  of  Thomas  Allen,  for  42s.  Qd.  debt  and  costs, 
the  attachment  was  served  and  6  cushions,  3  Barstable  ruggs, 
6  paire  of  Childrens  shues,  one  paire  of  Boots,  and  an  ould 
Cloakebagg  were  put  into  the  hands  of  Thomas  Staunton  vntill 
the  action  be  tryed,  and  further  order  taken  therein. 

Mr.  Deputy  returned  a  recognisance  into  Court  wherein 
James  Northam  was  bound  by  nim  for  his  appearance  this  day. 
But  he  came  nott. 


[37]  Aprill  the  2^1,  1640.     A  PfTicuLAR  Court. 

Jno.  Haynes  Esq^.  Gov. 

Mr.  Willis,  Mr.  Welles,  Mr.  Webster,  Mr.  Phelpes,  Mr. 
Hopkins. 
Mary  Brunson,  now  the  wiefe  of  Nicolas  Disborough,  Jno. 
Olmested,  Jonathan  Rudd  and  Jno.  Peerce  were  corrected  for 
wanton  dalliance  and  selfe  pollution. 

This  day  Rachel  Brundish  of  Weathersfield  presented  an  In- 
ventory of  her  husbands  estate,*  w^h  amounted  (all  debts  being 
payd)  to  90/.  5s.  4g?.  and  the  house  and  land  was  rated  at  130/. 
And  it  was  thought  fitt  and  ordered  that  the  relict  of  the  sayd 
Jno.  Brundish  shall  haue  to  her  owne  use  the  90/.  5.  4.;  and  the 
land  with  the  house  to  be  for  the  childrens  portions,  vizt.  30/. 
to  the  Sonne  and  25/.  a  peece  to  each  of  the  4  daughters  to  be 

*  Recorded  at  page  [70.] 


46  PUBLICRECORDS 

payd  into  the  Court  for  their  use  when  each  of  them  come  to 
the  age  of  sixteene  yeares  and  in  the  raeane  tyme  the  widow  to 
haue  the  use  of  the  land  for  bringing  vp  the  children. 

It  was  also  ordered  that  yf  the  sayd  Rachell  doe  thinke  fitt 
to  sell  the  house  and  land,  she  may  haue  liberty  soe  to  doe,  pro- 
vided before  she  make  any  sale  thereof  she  giue  suffitient  secu- 
rity into  ye  Court  for  the  payment  of  the  childrens  portions  att 
the  tymes  prefixed  A  and  for  the  due  education  of  them ;  and 
having  soe  done,  she  may  make  her  best  advantage  of  the  sayd 
house  and  landes,  provided  also  that  yf  any  one  or  more  of  the 
children  depart  this  life  before  they  come  to  the  age  of  16 
yeares,  his  or  their  portion  is  to  be  divided  equally  among  those 
that  survive. 


>  These  elected  Magestrats. 


[39]      Aprill  the  IXth.   1640.     The  Court  of  Election. 

Mr.  Hopkins  Esq^  Gouerr."" 
Mr.  Haynes,  Deputy, 

Mr.  Wyllis, 

Mr.  Ludlow,  absent 

Mr.  Welles, 

Mr.  Phelps, 

Mr.  Webster, 

Deputy  es :    Mr.  Steele,   Mr.  Talcott,  Mr.   Spenser,  Ed: 
Stebbing,  W\\\^.  Gaylard,  Tho :  Ford,  Mr.  Stoughton, 
Mr.  Hull,  Thurston  Rayner,  James  Boosy,  George  Hub- 
berd.  Rich  :   Crabbe. 
These  were  made  Free  : — 

These  inhabitants  of  Wyndsor:  Mr.  Ephra:  Huytte,  Mr. 
Arther  Willms,  Michaell  Tray,  Richard  Parsons,  Tho :  More, 
John  More,  Tho  :  Dyblie,  Henry  Clarke,  Willin :  Gylbert,  Tho: 
Bassette,  Elias  Parkma. 

Hartford  :  Daniell  Garrette,  Robert  Wade,  Tho :  Seldon. 
Mr.  Parke  at  Wethersfyeld. 

It  is  Ordered  that  the  Gouernor  shall  giue  Mr.  Ludloe  his 
Oath,  for  the  place  of  Magestracy. 

It  is  Ordered  that  yf  any  Indean  be  discouered  by  the  Watch 
in  the  night  wthin  any  of  the  Plantations  of  this  Jurisdiction,  or 


OFCONNECTICUT.  47 

be  found  by  the  ward  in  the  day  breakeing  open  any  house  or 
offering  any  desp^ate  assaulte,  w^h  may  indaynger  the  life  of 
any  p^son,  it  shall  be  lawful!  for  the  watch  or  ward  in  such  case 
to  shutte  any  such  Indean  or  Indeans,  if  he  or  they  shall  not 
subiect  theselues  to  the  watch  or  ward.  And  that  Tho :  Steyn- 
ton  shall,  w^hin  fowerteene  dayes,  giue  notice  of  this  Order  to 
all  the  Chiefe  Indeans  who  haue  ordinary  recourse  to  these 
Plantations. 

It  is  Ordered  that  the  Towne  of  Wyndsor  shall  haue  liberty, 
vntill  the  Generall  Courte  in  September  next,  to  bring  in  the 
Records  of  their  lands. 

It  is  Ordered  that  Mr.  Haynes,  Mr.  Ludloe  &  Mr.  Welles 
shall  setle  the  diuision  of  the  bounds  betwixt  Paquanocke  &. 
Uncowaye,  by  the  24*^  day  of  June  next,  according  to  their 
former  Cornission  :  And  also  that  they  tender  the  Oath  of  Fidel- 
lity  to  the  Inhabitants  of  the  said  Townes,  and  make  such  free 
as  they  shall  aproue  of 

Aprill  the  Xth.  1G40. 

Forasmuch  as  many  stubborne  &  refractory  Persons  are 
often  taken  wt^in  these  libertyes,  and  no  meet  place  yet  p^pared 
for  the  detayneing  &  keepeing  of  such  to  their  due  &  deserued 
punishement,  It  is  therefore  Ordered  that  there  shall  be  a  house 
of  Correction  built,  of  24  foote  long  &  16  or  18  foote  broad, 
wth  a  Celler,  ether  of  wood  or  stonne,  according  as  Mr.  Tal- 
cotte,  Ed :  Stebing,  Tho  :  Ford  and  James  Boosy  shall  thinke 
meete,  who  are  chosen  by  the  Courte  to  lette  out  the  worke,  ap- 
poynt  out  the  place  &  to  order  and  directe  whatsoeuer  occa- 
tions  and  businesses  that  may  fall  out  for  the  compleate  finish- 
ing the  said  house,  w^h  is  to  be  done  by  the  next  Courte,  in  Sep- 
tember. 

Forasmuch  as  many  Persons  intangle  thmselues  by  rashe  & 
inconsiderat  Contracts  for  their  future  joyneing  in  Maridge 
Couenant,  to  the  great  troble  and  greife  of  theselues  and  their 
frynds  ;  for  the  avoyding  whereof,  It  is  Ordered,  That  whoso- 
euer  intend  to  joyne  themselues  in  Maridge  Couenant  shall 
cause  that  their  purpose  of  Contracte  to  be  published  in  some 
publike   place   &   att   some  publike  meeting  in   the  seuerall 


48  PUBLICRECORDS 

Townes  where  such  persons  dwell,  at  the  lest,  eight  dayes  be- 
fore they  enter  into  such  Contracte,  whereby  they  ingadge 
[41]  theselues  ech  to  other;  and  that  1|  they  shall  forbeare  to 
joyne  in  Maridge  Couenant  at  lest  eight  dayes  after  the  said 
Contracte.  And  also  the  Magestrate  who  solemnizeth  Mariedge 
betwixt  any,  shall  cause  a  record  to  be  entered  in  Courte  of 
the  day  &  yere  thereof. 

It  is  Ordered,  that  Mr.  Moody  of  Hartford,  and  Ensigne 
Stoughton  of  Wyndsor,  shall  be  pi'ferred  Liuetenants,  and  Mr. 
Rocester  of  Wyndsor  shall  be  p^^ferred  Ensigne,  for  the  severall 
bands  in  the  said  Townes. 

It  is  Ordered,  that  the  Liuetenants  &  Ensignes  shall  be  freed 
fro  watching  &  warding,  and  the  Seargeant  fro  warding  and 
halfe  their  watch. 

Aprill  XI.  1640. 

It  is  Ordered,  there  shall  be  a  Rate  of  a  hundred  pownd 
leuyed  vppon  the  Country,  w^h  is  to  be  proportioned  by  Mr.  Tal- 
cott,  Mr.  Stoughton  &  James  Boosy  ; — who  haue  p'portioned 
the  said  Rate  as  followeth  : 

Imprs,  Hartford,  43/.      0.  0. 

Wyndsor,  28.     10.  0. 

Wethersfyeld,     28.     10.  0. 

Sum     100/, 

Mr.  Steele  is  returned  Recorder  for  the  Towne  of  Hartford; 
and  hath  brought  into  the  Courte  114  coppyes  of  the  severall 
p^cells  of  land  belonging  to  &  conserneing  114  p^sons. 

Mr,  Rocester  is  returned  Recordor  for  the  Towne  of  Wynd- 
sor. 

Mr.  Michell  is  returned  Recordor  for  the  Towne  of  Wethers- 
fyeld, but  he  is  found  vncapable  of  the  place,  lying  vnder  cen- 
sure of  the  Courte,  and  he  and  the  Towne  who  chose  him  to 
that  place  are  to  haue  notice  to  apeare  at  the  next  adiourne- 
ment  of  the  Courte.  They  are  to  haue  liberty  to  bring  in  the 
Records  of  their  lands  vntill  the  Generall  Courte  in  September 
nexte. 

The  Courte  adioyrned  vntill  the  2'^  Thursday  in  June,  1640. 


OFCONNECTICUT.  49 

[42]         The  P»'ticuler  Courte  May  the  vii'ii,  1640. 
Mr.  Ed  :  Hopkins  Esqf.  Gou^ 
Mr.  Haynes,  Deputy. 

Mr.  Wyllis,  Mr.  Welles,  Mr.  Phelps,  Mr.  Webster. 

George  Abbott  of  Wyndsor,  searuant  to* 
he  is  adiudged  to  pay  fiue  povvnd  fyne  for  selling  a  pystoU  & 
powder  to  the  Indeans,  and  to  be  bound  to  his  good  behauior. 
He  is  to  be  disposed  of  by  the  Courte  for  further  searvice,  to 
his  Master  or  some  other  as  they  shall  judge  meete,  for  his  pay- 
ing the  said  fyne. 

Simon  Hoyette  and  his  family  are  to  be  freed  fro  watch  & 
ward  vntill  there  be  further  Order  taken  by  the  Courte. 

Andrew  Bacon  and  John  Barnard  haue  returned  into  the 
Courte  a  Inventory  of  the  goods  of  Tho  :  Johnson  decessed,  to 
the  some  of  11/.  5s.  lOd. 

At  the  request  of  Mr.  Phelps,  in  the  behalfe  of  Mr.  Rocester, 
an  attachment  is  graunted  for  the  Constable  of  Wyndsor  to  dis- 
treyne  &  take  into  his  custody  20  bush^.  of  Corne,  of  James 
Nortons  of  Quinipwucke,  and  that  to  keepe  vntill  the  said 
James  shall  appeare  at  the  Courte  at  Hartford  and  there  an- 
swere  what  shall  be  laid  to  his  chardge. 

Mr.  John  Shareman  of  Wethersfyeld  is  to  be  freed  fro 
watching  vntill  the  Courte  take  further  Order. 

John  Hopkins  of  Hartford  is  also  freed  fro  watching  vntill 
further  Order  be  taken  by  the  Courte. 

Whereas  there  was  an  Agreement  betwixt  the  Inhabitants  of 
Wethersfyeld  and  Liuetenant  Seely  that  the  differences  betwixt 
them  in  sute  for  Lands,  should  be  referred  to  Arbitriment  by 
partyes  betwixt  them  agreed  vppon,  vizt.  Mr.  Hooker  &,  Mr. 
Welles,  and  in  case  they  two  should  differ,  they  were  to  chuse 
a  third,  for  the  issuing  thereof,  who  did  accordingly  make  choyce 
of  Mr.  Webster,  the  Court  also  consenting  thereunto.  It  is  now 
the  App^hension  of  the  Courte  that  the  foresaid  partyes  shall 
stand  to  the  award  as  yt  is  deliuered  in  by  the  said  Mr.  Web- 
ster, vizt.  That  the  said  Inhabitants  of  Wethersfyeld  shall  pay 
to  the  said  Liuetenant,  150  bush^  of  Corne,  and  this  the  Court 
adiudgeth  to  be  paid  by  ech  mans    proportion  through't  the 

*  This  blank  occurs  in  the  original. 


50  PUBLICRECORDS 

whole  Meadowes.     The  said  Liuetenant  is  also  to  be  alowed 
20s.  for  his  chardges  and  delay  of  payment. 


[43]  The  PrTicuLER  Court.  June  4th,  1640. 

Mr.  Ed :  Hopkins  Esq'.  Gour, 
Mr.  Haynes, 

Mr.  Wyllis,  Mr.  Welles,  Mr,  Phelps,  Mr.  Webster, 

Ed :  Veare  of  Wethersfyeld  is  fined  Xs.  for  cursing  &  swere- 
ing,  and  also  he  is  to  sitt  in  the  stocks  at  Wethersfyeld,  two 
howers  the  next  Trayneing  day. 

Willia.  Hill  of  Hartford,  for  buying  a  stolen  peece  of  Mr. 
Plums  man,  and  brekeing  open  the  Coblers  Hogshed  &  Packe, 
for  boath  these  mysdemenors  hes  fyned  fower  pownds  to  the 
Country. 

Nicholas  Olmsteed  for  his  laciuious  caridge  &  fowle  mysde- 
menors at  sundry  tymes  w^h  Mary  Brunson  is  adiudged  to  pay 
twenty  pownd  fyne  to  the  Country,  and  to  stand  vppon  the 
Pillery  at  Hartford  the  next  lecture  day  dureing  the  time  of  the 
lecture.  He  is  to  be  sett  on,  a  lytle  before  the  begining  &  to 
stay  thereon  a  litle  after  the  end. 

The  foresaid  Nicholas  Olmsteed  acknowledgeth  hymself  to 
be  bound  in  a  Recognizance  of  xxx/.  to  the  Country,  to  repaire 
the  foresaid  next  lecture  day  by  nyne  of  the  clocke  to  the  Con- 
stable of  Hartford,  to  submitt  to  the  said  judgment  of  the 
Courte. 


[44]     A  Generall  Courte.     June  xi^h,  1640.     Hartford. 

Mr.  Ed  :  Hopkins  Esq'-.  Gou''. 
Mr.   Haynes,   Deputy. 

Mr.   Wyllis,    Mr.  Welles,  Mr.  Phelps,  Mr.  Webster. 
Beputyes  ;— Mr.  Steele,  Mr.  Talcott,   Ed  :  Stebing,  Willm 
Gaylard,  Mr.  Stoughton,  Mr.  Hull,  Thurston  Raynor,  James 
Boosy,  Richard  Crabbe. 


OF     CONNECTICUT.  51 

It  is  Ordered,  that  if  any  deputy  shall  be  absent  vppon  such 
occation  as  the  Gouerno''  for  the  tyme  being  shall  approue  of, 
or  by  the  P^'uidence  of  God  shall  decease  this  life,  wt^in  the 
adioyrnement  of  any  Courte,  that  yt  shall  be  at  the  liberty  of 
the  Gou""  to  send  forth  a  warrent  in  such  case,  for  supply  there- 
of, vppon  resonable  warneing. 

It  is  Ordered,  that  the  highway  betwixt  Hartford  &,  Wynd- 
sor,  as  yt  was  laste  sette  forth  vppon  the  vpland,  shall  be  made 
sufficiently  passable,  by  ech  Towne  what  lyeth  wt^^nn  their  owne 
bownds,  wti^in  the  space  of  on  month,  and  there  shall  be  liberty 
graunted  to  vse  the  highway  through  the  meadowes  vntill  the 
said  vpland  highway  be  so  sufficiently  mended,  for  horse  and 
drifte,  as  yt  shall  be  aproued  of  by  Mr.  Plum,  James  Boosy, 
Henry  Wolcotte  &  Tho :  Scotte,  and  then  the  highway  through 
the  medowe  to  cease. 

Richard  Gyldersly  was  conuented  before  the  Courte  for 
casteing  out  p^nitious  speeches,  tending  to  the  detriment  & 
dishonnor  of  this  Comonwelth,  and  was  fyned  to  pay  to  the 
Country  forty  shillings,  and  was  bownd  to  his  good  behauior, 
in  a  Recognizance  of  20/.  to  apeare  at  the  next  Generall  Courte, 
to  the  w^h  he  submitted  himselfe. 

Whei'eas  the  Dutch  Catle  are  impounded  for  trespassing  the 
Englishmens  Corne,  It  is  the  iudgment  of  the  Courte  that  the 
Dutchmen  shall  be  made  acquainted  w^^  the  trespasse,  and 
satisfaction  demaunded,  the  w^h  if  they  refuse  to  pay,  the  Cat- 
tell  are  to  be  kepte  in  the  pownd  three  dayes,  and  then  to  be 
prysed  &;  sold,  and  the  trespasse  to  be  satisfied,  togather  w'^ 
the  chardge  of  impounding,  keepeing  &  tending  the  said  Catle 
dureing  their  custody. 

Yf  Mr.  Michell  shall  giue  satisfaction  to  Mr.  Chaplin  in  some 
publike  meeting,  as  prte  of  his  censure,  by  acknowledging  his 
fault,  in  such  forme  and  manner  as  he  hath  related  to  this 
Courte,  It  is  referred  to  the  p^ticuler  Courte  to  continue  or  take 
off  his  former  censure  as  they  shall  see  cause. 

The  said  Mr.  Michell,  for  vndertaking  the  office  of  Towne 
Clarke  or  Recordor,  notw^^istanding  his  vncapablenes  of  such 
office  by  censure  of  Courte,  he  is  fyned  to  pay  to  the  Country 
twenty  Nobles. 

That  prte  of  the  Towne  of  Wethersfyeld  who  chose  the  said 


52  PUBLICRECORDS 

Mr.  Michill  to  office,  notw^'^standing  the  censure  of  Courte,  are 
fyned  to  the  Country  five  pownds. 

Its  desired  that  Mr.  Gouernor  &  Mr.  Deputy  should  returne 
an  answer  to  the  laste  letter  sent  fro  the  Dutch  Gouernor. 

Mr,  Gouernor,  Mr.  Deputy  &  Mr.  Wyllis  are  desired  to 
treate  w^h  the  Ilandors  &  Vncuus,  conserneing  the  Mohegins 
kylling  the  Indean  w^h  a  peece,  and  to  put  yt  to  issue,  if  they 
can,  or  returne  y  t  agayne  to  the  Courte. 

Forasmuch  as  our  lenity  &  gentlenes  toward  Inde  ans  hath 
made  the  growe  bold  &  insolent,  to  enter  into  Englishemens 
howses,  and  vnadvisedly  handle  sowrds  &  peeces  and  other  in- 
struments, many  times  to  the  hazard  of  the  lymbs  of  Hues  of 
Englishe  or  Indeans,  and  also  to  steale  diuers  goods  out  of  such 
howses  where  they  resorte ;  for  the  pi'uenting  of  such  mischeifs, 
yt  is  Ordered,  that  whatsoeu""  Indean  shall  hereafter  medle  w^^ 
or  handle  any  Englishemans  weapens  of  any  sorte,  ether  in 
their  howses  or  in  the  fyelds,  they  shall  forfeit  for  euery  such 
default  halfe  a  fadom  of  wampu ;  and  if  any  hurt  or  ||  iniury 
[45]  shall  therevppon  followe,  to  any  p^sons  life  or  lymbe 
(though  accidentall)  they  shall  pay  life  for  life,  lymbe  for  lymbe, 
wound  for  wound,  and  shall  pay  for  the  healeing  such  wounds 
&  other  damages ;  and  for  any  thing  that  they  steale,  to  pay 
double,  and  suffer  such  further  punishement  as  the  Magestrats 
shall  adiudge  the.  The  Constable  of  any  Towne  may  attach 
and  areste  any  Indean  that  shall  transgresse  in  any  such  kynd 
before  mentioned,  and  bring  the  before  some  Magestrate,  who- 
may  execute  the  penalty  of  this  Order  vppon  offendors  in  any 
kynd  excepte  life  or  lymbe  ;  and  any  p^son  that  seeth  such  de- 
faults may  p^secute  &  shall  haue  halfe  the  forfeiture. 

June  the  15*^,  1640.  The  Order  concerneing  Artificers  & 
laborers  for  wages,  is  renewed  dureing  the  pleasure  of  the 
Courte. 

The  p^ticuler  Courte  is  to  conclude  the  conditions  for  the 
planting  of  Tunxis. 

And  also  to  p^'secute  the  murtherers  as  they  shall  see  cause» 
vppon  consultation  w^h  the  Bay  and  o""  neighbor  Plantations 
aboute  the  sea  coste. 

It  is  Ordered,  that  the  Magestrats  shall  send  for  the  Tribuit  of 
the  Indeans  aboute  Cuphege,  Vncoway  &c  there  aboute. 


OFCONNECTICUT.  53 

It  is  Ordered,  that  in  all  appropriated  ground,  the  owners 
thereof  shall  bound  every  p^ticular  pfcell  w^^  sufficient  mere- 
stones,  and  so  to  p^searve  &  keepe  them. 

It  is  Ordered,  that  Mr.  Ludlowe,  Mr.  Hopkins  &  Mr.  Blak- 
man  shall  survey  &  divyde  and  sett  out  the  bownds  betwixt  the 
Plantations  ofCuphege  &  Vncoway,  p^vided  if  they  cannot  ac- 
cord, Mr.  Welles  at  his  next  coming  to  those  p'ts  shall  issue  yt. 

It  is  Ordered,  that  whatp^'son  or  p^sons  wthin  this  jurisdiction 
shall,  after  September,  1641,drinke  any  other  Tobacco  but  such 
such  as  is  or  shalbe  planted  w^^in  these  libertyes,  shall  forfeit  for 
every  pownd  so  spent  fiue  shillings,  except  they  haue  license  fro 
the  Courte. 

Whereas  by  an  Order  the  14^^  of  January,  1640,  none  is  to  be 
chosen  a  Magestrate  but  such  as  are  p^^pounded  in  some  generall 
Courte  before,  yet  notw^^standing,  as  Cuphege  &  Vncoway  are 
somewhat  farre  distant  fro  this  Courte,  and  there  is  a  necessity 
of  the  dispensation  of  justice  in  those  Townes,  therefore  in  the 
meane  &  vntill  the  next  Generall  Courte  of  Election,  yt  it 
thought  meet  &  so  ordered,  that  Mr.  Willia  Hopkins  ofCuphege 
be  a  Corhissionr  to  joyne  w^^  Mr.  Ludlow  in  all  Executions  in 
their  p^'ticuler  Courte  or  otherwise,  &  is  now  sworne  to  that 
purpose. 


[46]  Whereas  by  an  Order  the  seaventh  of  December  last,  the 
difference  betweene  ]Mr.  Allen  &  Wyndsor  conserneing  land 
purchased  of  Plymoth,  was,  by  consent,  referred  to  Mr.  Haynes, 
Mr.  Ludlowe,  Mr.  Hopkins,  &  Mr.  Phelps,  to  end  the  same,  & 
what  is  agreed  on  by  the  is  to  be  yelded  vnto  on  boath  sides  ; 
according  to  w^h  Order  &  reference  we  who  are  mentioned  in 
the  saide  Order  haue  seriously  weighed  all  such  arguments  as 
haue  bine  tendred  vnto  vs  on  both  syds,  and  we  cannot  see  but 
Mr.  Allen  ought  to  be  subiecte,  for  the  said  land  &  purchase,  to 
the  lawes  &  Orders  and  Jurisdiction  of  this  Comonwelth,  and  by 
a  necessary  consequence,  subject  to  that  Plantation  of  Wyndsor, 
wherein  the  said  land  lies,  &  to  all  such  resonable  &  lawfuU 
Orders  as  are  agreed  there  for  the  publike  good  of  the  same,  and 
in  equall  p^portion  to  beare  his  share  in  all  rates  there,  soe  as 
while  he  or  his  successors  Hue  elsewhere  then  he  or  they  are  to 
pay  only  according  to  his  p^portion  of  land  there,  &  p^fitte  & 
benefitts  thence  ariseing,  and  such  stocke  as  is  resident  or 
vsually  imployed  in  &  thereuppon.     And  o""  judgment  for  the 

6* 


54  PUBLICRECORDS 

pi'sent  is,  that  the  said  Mr.  Allen  nor  his  successors  should  not 
be  rated  in  any  other  place  for  that  land  and  estate  he  hath 
there,  as  afores'd.  It  is  intended  that  Mr.  Allen  haue  notice 
giuen  him,  in  conuenient  tyme,  of  all  such  orders  as  doe  or  may 
concerne  him,  and  that  the  orders,  be  such  as  ly  w^^^in  his 
compasse  &  power  to  accomplishe  &  p^forme  in  aresonable 
way. 

Dated  the  4*^  of  Ja :  1638,  and  subscribed  by 

Jo  :  Haynes, 
Ro :  Ludlowe, 
Ed  :  Hopkins, 
Will'  Phelps. 


An  Oath  for  Paqua'  and  the  Plantations  there. 

I  %.  33.  being  by  the  P>"uidence  of  God  an  inhabitant  wt^iin 
the  Jurisdiction  of  Conectecotte,  doe  acknowledge  myselfe  to 
be  subject  to  the  gou^ment  thereof,  and  doe  sweare  by  the 
great  and  dreadfull  name  of  the  eui^liueing  God  to  be  true  and 
faythfull  vnto  the  same,  and  doe  submitt  boath  my  p^'son  & 
estate  thereunto,  according  to  all  the  holsome  lawes  &  orders 
that  ether  are  or  hereafter  shall  be  there  made  by  lawfull  au- 
thority :  And  that  I  will  nether  plott  nor  practice  any  euell 
agaynst  the  same,  nor  consent  to  any  that  shall  so  doe,  but  will 
tymely  discou""  the  same  to  lawfull  authority  estabhshed  there; 
and  that  I  will  mayntayne,  as  in  duty  I  am  bownd,  the  honor 
of  the  same  &  of  the  lawfull  Magestrats  thereof,  promoteing  the 
publike  good  thereof,  whilst  I  shall  so  continue  an  Inhabitant 
there,  and  whensou''  I  shall  give  my  vote,  suffrage  or  p^xy, 
being  cauled  thereunto,  touching  any  matter  w^^  conserns  this 
Comonwelth,  I  will  giue  yt  as  in  my  conscience  may  conduce 
to  the  best  good  of  the  same,  w^^out  respect  of  pt'son  or  favor 
of  any  man;  so  helpe  me  God  in  the  Lo:  Jesus  Christ. 


[48]      July  the  2'^,  1640.     The  P'tjculer  Courts. 
Samuell  Smith  pl^  ag*  Andrewe  Waird. 
Richard  Coker  pi*  agt  John  Cable. 
Richard  Lord  pi*  agt  Tho :  Robinson. 


OPCONNECTICUT.  55 

Ed  :  Hopkins  Esquire,  Gou''. 

Mr.  Haynes,  Mr,  Wyllis,  Mr.  Welles,  Mr.  Phelps,  Mr. 
Webster. 

The  Jury : — Willia  Whiting,  Gent.  Ju\,  Robert  Parke, 
John  Edwards,  Robert  Abbott,  John  Notte,  Bray  Roces- 
ter,  Richard  Whithead,  John  Byssyll,  Walter  Fyler, 
Willia  Wodsworth,  Richard  Lord,  Gregory  Wynter- 
ton,  Ju\ 

John  Haynes,  Esquire,  pi*  ag*  John  Cockerryll  defend*  in  an 
action  of  debt  of  xiij  /.  The  Jury  find  for  the  plan*.  The 
defend*  is  to  pay  damages  xiij  /.  and  costs  of  sute  viij  s.  The 
Courte  graunts  the  pi  execution  ag*  the  body  or  goods  of  the 
defend*  for  the  foresaid  damages  and  Costs. 

M"^.  Mytchel  hath  this  day  returned  into  Court  his  acknowl- 
edgement to  Mr.  Chaplin,  and  for  that,  w*h  other  considera- 
tions, for  former  extraordinary  chardges  w<=^  he  hath  formerly 
borne  for  publike  seruice  at  the  Forte,  the  Court  hath  remitted 
his  former  censure. 

Nicholas  Senthion,  for  not  apeareing  to  witnesse  agaynst 
Aron  Starke,  is  fyned  to  pay  fiue  pqwnd  to  the  Country. 

John  Porter,  one  of  the  Constables  of  Wyndsor,  is  to  keepe 
the  said  Aron  Starke  w*i^  locke  and  chaine  and  hold  him  to 
hard  labour  &  course  dyet  vntill  he  be  cauled  to  bring  him  forth 
vppon  the  next  soinons. 

The  said  Aron  being  accused  of  [bestiality,  confessed  that 
he  had  committed  the  crime,] 

John  Euens,  for  his  contempte  ag*  the  Townsmen,  is  fyned 
xs. 

Andrewe  Bacon  and  John  Barnard  an  appoynted  to  sell  the 
goods  of  the  Cobler*  deceased,  formerly  taken  by  Inventory 
given  into  Courte  by  the  said  partyes. 

It  is  Ordered,  that  whosoeuer  enters  any  action  in  the  Court, 
the  Plan*,  shall  pay  the  costs  of  Court,  though  the  action  be 
not  tryed,  and  the  Jury  to  haue  their  pj'ts. 

George  Wolcott  acknowledge  himselfe  to  be  bownd  in  a 
Recognizance  of  ten  pownd  that  his  brother  Henry  Wolcott 
shall  p^secut  an  action  of  the  case  &  bring  it  to  tryall  ag* 

*  Thomas  Johnson.    See  account  of  sales,  p.  [75]. 


56  PUBLICRECORDS 

Church  of  Hartford,  for  impownding  the  hoggs  of  Henry 
Wolcott  his  father,  and  will  subiect  to  the  issue  thereof  as  yt 
shall  be  adiudged  the  next  Court  holden  at  Hartford. 

Thos :  Welles. 

[49]     Henry  Wolcotte  pi*  agaynst  Church  defend*,  in 

in  an  action  of  the  case,  wherein  the  said  Henry  complaynes 
agt  the  said  Church  for  takeing  into  his  custody  &  de- 

teyneing  thirty  swyne  of  Henry  Wolcotts  the  elder,  father  to 
the  said  Henry,  to  the  damage  of 

Willia  Whiting  Gent"^.  pi*,  ag*.  Jasp^  Rowlins  deffend*.  in 
an  action  of  debt  20s.  debt. 

Leonard  Chester  pl^^.  ag*  John  Edwards,  Nathaniell  Foote, 
defend*  in  an  action  of  trespas,  for  brech  of  order,  to  the 
damage  of  4 1. 

Saqueston  testifies  in  Court  that  he  neu'  sould  any  grownd 
to  the  Dutch,  nether  was  at  any  tyme  conquered  by  the  Pe- 
quoyts,  nor  paid  any  trybuit  to  the.  And  when  he  sometymes 
liued  at  Mattanag  and  hard  by  his  fryends  that  Jiued  here,  that 
he  and  his  men  came  &  fought  w^ii  the. 

Whereas  there  was  an  Order  of  Court  made  foF  the  vewing 
of  the  hie  waie  leading  fro  Hartford  to  Wyndsor,  amongst 
others,  there  was  appoynted  James  Boosy  and  John  Plum,  who 
haue,  according  to  direction  of  Court,  vewed  the  same ;  and 
that  pi'te  w^h  was  shewed  vs  by  Tho  :  Scott,  w<=h  lyeth  be- 
tweene  Hartford  Towne  and  the  lyne  w^h  deuid  betweene  yt 
and  Wyndsor,  we  find  to  be  mended  sufficiently,  so  as  men  may 
both  ryde  and  goe  one  foote,  and  make  drifte  of  Cattle,  com- 
fortablie  :  but  that  parte  in  Wyndsor  bound  was  nothing  done 
when  wee  vewed  yt,  w^^^  was  about  the  seauententh  of  July, 
1640. 

The  Coppy.  Jo  :  Plum,  Ja  :  Boosy. 


[50]  September  the  4*^,  1640. 

Henry  Packs  (?)  his  Wyll. 
It  is  my  Will  to   bestow  vppon  the  Church  the  Clocke  that 
Brother  Thorneton  had  bought,  to  Mr.  Wichfyeld    my  best 
Coate  and  whoight  (?)  Cappe,  to  Mr.  my  best 

dublets. 


OFCONNECTICUT.  57 

Ed  :  Masons  Inuentory. 
A  true  Inuentory  of  the  goods  and  Chattells  of  Edward  Mason 
of  Wethersfyeld,  late  deceased,  viz*. 

Impr^  The  Cloathes  of  the  said  Edward, 

Ite,  in  Halle,  brasse,  Pewter  etc. 

Ite,  in  the  parlour,  a  fetherbed,  w^^  chests, 

lynens  and  other  things, 
Ite,  in  the  Celler, 

Ite,  Enghshe  Corne,  w^^h  Indean  Old  and  New, 
Ite,  in  the  Chamber,  a  fetherbedde  w^h  others, 
Ite,  twenty  sixe  borrowe  hoggs,  stores  &  sowes, 
Ite,  3  Ewes,  one  Ewe  kydd,  2  weathers, 
Ite,  Tooles  &  all  other  Implyments  belonging  to 

the  trade  of  the  said  Edward. 

Valued  p^  Soin  totalis  121.  L     00 

Willia  Swayne, 
George  Hubberd, 
Test  Leo :  Chester. 


£ 

s 

d 

4 

0 

0 

7 

16 

0 

13 

0 

0 

2 

0 

0 

41 

0 

0 

9 

10 

0 

31 

0 

0 

8 

0 

0 

h 

15 

0 

[51]  Oath  for  the  Jury. 

r 

You  shall  swere  that  you  %.  B.  shall  duly  try  the  cause  or 
causes  now  giuen  you  in  chardge,  betweene  the  pi*  &  def  or 
pits  ^  defendts,  according  to  yo""  euidence  giuen  in  Courte, 
and  accordingly  a  true  verdict  giue ;  yo""  owne  counsell  &  yo'^ 
fellowes  you  shall  duly  keepe ;  you  shall  speake  nothing  to  any 
one,  of  the  busines  &  matters  in  hand,  but  amongst  yofselues^ 
nor  shall  you  suffer  any  to  speake  vnto  you  about  the  same, 
but  in  Court :  when  you  are  agreed  of  any  verdicte  you  shall 
keep  yt  secret  till  you  deliuer  yt  vp  in  Court :  so  helpe  you  God. 


September  the  X^^i,  1640. 
It  is  Ordered,  that  Ed :  Hopkins  Esq^.  now  Gouernour,  shall 
haue  the  benefitte  and  liberty  of  free  trade  at  Waranocoe  &  att 
any  place  thereabout,  vppe  the  Riuer,  and  all  other  to  be  re- 
streyned  for  the  terme  of  seauen  yeres,  and  the  land  to  be  pur- 
chased for  the  Comonwelth, 


58  PUBLICRECORDS 

[56]    The  Generall  Court,  February  the  viijtb,  1640. 
Edward  Hopkins  Esq^  Gour^. 
John  Heynes  Esq^  Dep^y. 

Mr.  Wyllis,  Mr.  Welles,  Mr.  Phelps,  Mr.  Webster. 
Deputy  es : — Mr.   Steele,  Mr.   Talcott,    John   Pratt,  Ed: 

Stebbing,  Samuell  Smith,  George  Hubbert,  James  Boosy, 

Richard  Crabb,  Captain  Mason,  Mr.   Hill,  Mr.   Hull, 

Wiir  Gaylord. 
Forasmuch  as  Sequin  hath  so  long  delayed  in  making  satis- 
faction for  the  mare  that  was  killed  by  his  Indeans,  the  Court 
thinks  meet  that  a  p^mptory  answer  be  required  of  him,  and  in 
case  full  satisfaction  be  not  therevppon  giuen,  that  pi^sent  in- 
telligence shall  be  giuen  to  Quinipiouck  &  o"^  neighbour  Plant- 
ations, that  we  shall  accoumpte  of  him  as  o^"  enimy,  in  regard 
of  that  affornt  &  many  other  insolent  caridges  of  his,  and 
shall  speedily  right  Cselues  of  him.  The  Gouernour  &  Mr- 
Deputy  are  desired  by  the  Court  to  agitate  &  issue  the  whole 
busines. 

Forasmuch  as  the  Court,  takeing  into  consideration  the 
p^sent  condition  of  these  Plantations,  doe  find  a  great  expence 
yerely  to  be  laid  out  to  fetch  in  supply  fro  other  pi"ts  in  such 
comodityes  as  are  of  necessary  vse,  and  not  knowing  how  this 
Comonwelth  can  be  long  supported  vnlesse  some  staple  Comod- 
ity  be  raysed  amongst  o^selues  W^^  may  in  some  sort  answer 
and  defray  the  chardge, — haue  therefore  thought  requisite  that 
all  incouridgement  be  giuen  for  the  full  imployment  of  men  & 
cattle  for  the  improuement  of  such  ground  as  the  Country  af- 
fords for  English  grayne  where  yt  may  be  raysed  yv^^  lest 
chardge  ;  for  the  speedy  furthering  thereof  liberty  is  graunted 
to  all  such  persons  w^hin  these  Plantations  as  stand  disposed  to 
imploy  theselues  or  their  estats  in  husbandry  as  aforesaid,  to  find 
out  any  sutable  grownd  w^hin  these  libertyes  yet  vnpossest, 
where  the  said  Englishe  grayne  may  be  soonest  raysed,  and 
haue  graunted  to  ech  Teeme  a  hundred  acres  of  plowing  grownd 
and  twenty  acres  of  meadow,  p'vided  they  improue  twenty 
acres  the  first  yere,  w^h  is  to  be  accoumpted  fro  the  date  of 
these  pt'sents,  &  eighty  acres  the  second  yeare,  and  the  whole 
hundred  the  third  yeare.     And  for  the  orderly  p>"ceeding  therein, 


OFCONNECTICUT.  59 

the  Court  hath  desiered  the  Wor^^  Edward  Hopkins  Esq"".  Gou"", 
Mr.  Deputy  &  Mr.  WiUis  to  appoynt  and  sett  forth  the  forme 
and  order  how  ech  mans  pi^portion  shall  be  laid  out,  togather 
wth  a  competent  quantity  of  vpland  to  the  same,  and  to  alowe 
to  the  owner  of  ech  Teeme  a  competent  lott  for  a  workman  w^h 
may  be  helpfuU  to  manadge  the  busines  and  carry  on  the  worke ; 
as  also  to  admit  inhabitants  (if  any  place  so  found  out  shall  be 
iudged  meete  for  a  plantatio)  and  to  sett  out  their  bownds  ;  and 
those  pi'sons  who  first  giue  in  their  names  to  the  Comittee,  to 
vndertake  the  worke  and  attend  to  haue  their  diuisions  sett 
forth,  shall  be  first  searued  in  order  as  they  com,  next  after  the 
Coinittee  haue  made  choyce  for  theselues  :  But  if  any  p^son  so 
vndertakeing  the  manadgeing  of  a  hundred  acres,  or  a  lesse 
pi^portion,  vppon  the  terms  before  mentioned,  shall  neglect  to 
p'forme  the  conditions  before  specified,  or  be  vnable  to  accom- 
plish the  same,  the  Court  hath  researued  power  to  dispossesse 
him  or  the  of  the  grovvnd,  giueing  such  resonable  satisfaction 
for  the  chardge  bestowed  thereuppon  as  the  said  Court  shall 
judge  meete.  And  if  any  p^son  or  p^sons  tendreing  theselues 
to  vndertake  the  manadgeing  of  100  acres  as  aforesaid  shall  be 
iudged  by  the  Comittee  vnable  or  vnmeet  for  the  worke,  not 
likely  to  pfforme  the  conditions  in  so  great  a  quantity,  they  may 
ether  refuse  to  admitt  such  or  alowe  a  lesser  p^portion  to 
them. 

It  is  also  Ordered,  that  what  stocke  shall  be  remoued  to  any 
such  place,  shall  be  levied  to  the  Towne  fro  whence  yt  came, 
as  if  yt  were  resident  there  ;  And  the  chardge  disbursed  for 
makeing  wayes  or  any  comon  benefitt  to  such  place,  shall  be 
paid  by  the  land  w^^in  the  said  liberty,  as  yt  shall  be  taken  vppe 
[57]  and  possest.  ||  But  when  such  Place  shall  becom  a  Plan- 
tation &  be  at  chardge  to  mayntayne  Officers  w^'un  theselues, 
then  other  considerations  may  be  had  by  the  Courte. 

Whereas  yt  is  thought  necessary  for  the  comfortable  support 
of  these  plantations,  that  a  trade  of  Cotten  wool!  be  sett  vppon 
and  attempted,  for  the  furthering  whereof  yt  hath  pleased  the 
Gouernof,  that  now  is,  to  vndertake  the  furnisheins;  and  settino; 
forth  a  vessell,  w^h  convenient  speed,  to  those  parts  where  the 
said  comodity  is  to  be  had  yf  yt  proue  phesable :  In  considera- 
tion whereof,  as  also  fro  the  considerations  in  the  former  order 


60  PUBLICRECORDS 

specified,  It  is  ordered  by  the  Authority  aforesaid,  that  vppon 
the  Returne  of  the  said  vessel!,  the  Plantations  by  p'portion 
shall  take  ofFe  the  said  Gotten,  at  such  valuable  consideration 
as  yt  may  be  afforded,  according  as  chardge  shall  aryse  and 
acreue  thereuppon ;  the  pay  for  the  said  Gotten  wooll  to  be 
made  in  Englishe  Gorne  or  Pype-staues  as  the  Gountry  shall 
afford  :  The  p^portions  to  be  diuiyded  and  laid  vppon  the  seu- 
erall  Townes  are  according  to  the  diuision  of  the  last  Gountry 
Rate. 

And  for  the  better  pi'searuing  of  Tymber,  that  the  Country 
may  haue  p''visions  of  Pypestaues  for  the  furthering  the  said 
trade  of  Gotten  wooll,  It  is  Ordered  that  no  Tymber  shall  be 
felled  fro  w^^^out  the  bownds  of  these  Plantations,  wt^out  lycence 
fro  the  pJ'ticuler  Gourte,  nor  any  Pipestaues  to  be  sould  out  of 
the  Riuer  w^i^out  alowance  fro  the  said  Gourte,  nor  transported 
into  foraigne  p^'ts  vntill  they  be  vewed  (by  such  Gofaittee  as  the 
said  Gourt  shall  appoynt)  and  appi'ued  by  such  to  be  vendable, 
boath  for  the  goodnes  of  the  Tymber,  and  due  p''portion  &  size 
thereof 

The  p^ticuler  Gourt  also  is  desiered  to  take  order  for  the 
veweing  of  Pequot  Gountry  and  disposeing  of  the  Tymber 
there,  as  also  to  settle  Inhabitants  in  those  p'ts  yf  they  see 
cause,  so  far  as  yt  may  be  acted  w^^out  chardge  to  the  Gountry. 

For  the  p^uenting  of  differenses  that  may  arise  betwixt  the 
Plantations  fro  trespasses  by  Gattle  wch  are  ofte  necessitated, 
by  reson  of  their  bordering  on  ag^  another.  It  is  Ordered,  that 
Nathaniell  Waird,  Andrewe  Warner,  Mr.  Plum,  Robert  Rose, 
Mr.  Porter  &  Tho :  Ford,  shall  take  into  their  serious  consid- 
erations how  the  grownd  belonging  to  the  seuerall  Plantations 
may  be  best  impi'ued,  so  as  to  sute  ech  others  conuenience, 
whereby  their  Gorne  may  be  p^serued  and  their  Gattle  keepte 
w^ii  lest  chardge  of  fencing  or  herding,  as  may  most  conduce  to 
the  coinon  good,  and  deliuer  in  their  appi'hentions  to  the  next 
Generall  Gourt. 

Whereas  yt  is  obsearued  that  many  skins  and  felts  of  Gowes 
&  goats,  through  want  of  p^uident  p'"searueing  and  seasonable 
bringing  forth  to  dressing,  suffer  great  losse.  It  is  Ordered,  that 
whatsoeu'"  skins  are  or  shall  be  in  any  mans  hands  w^iun  these 
libertyes  shall  be  carefully  pi^searued  and  seasonably  brought  in 


OFCONNECTICUT.  61 

to  such  as  improue  the,  vnder  such  penalty  as  the  Court  shall 
inflict  vppon  the  neglect  thereof,  and  that  care  be  taken  in 
fleeing  the  skins,  the  neglect  whereof  occasioneth  great  losse. 
[58]  Whereas  yt  is  obserued  as  experience  hath  made  appeare, 
that  much  grownd  w^'Mn  these  libertyes  may  be  well  improued 
in  hempe  &  flaxe,  and  that  we  myght  in  tyme  haue  supply  of 
lynnen  cloath  amongst  oi'selues,  and  for  the  more  speedy  pi'cur- 
ing  of  hempseed,  It  is  Ordered,  that  euery  p»"ticuler  family  w^^iin 
these  Plantations,  shall  p^cure  &  plant  this  p'sent  yeare  at  lest 
on  spoonefuU  of  Englishe  hempseed,  in  some  frutfull  soyle,  at 
lest  a  foote  distant  betwixt  eu""  seed,  and  the  same  so  planted 
shall  pi'searue  and  keepe  in  husbanly  manner  for  supply  of  seed 
for  another  yeare. 

It  is  also  Ordered,  that  the  second  yeare,  euery  family  that 
keeps  a  Teeme,  though  not  aboue  two  or  three  drafte  Cattle, 
shall  sowe  the  second  yeare  at  lest  on  rood  of  hempe  or  flaxe, 
and  eu""  pi'son  that  keeps  any  Cattle,  namely,  cowes,  heifgrs  or 
steers,  shall  sowe  20  pi'ches,  &  eu''  family,  though  he  keepe  no 
Cattle,  shall  sowe  tenn  pi'ches,  and  ech  p^ticuler  of  the  foresaid 
families  shall  in  husbandly  sorte  p^searue  &  tend  their  seuerall 
prportions,  or  in  default  thereof  are  to  vndergoe  the  censure  of 
the  Courte. 

It  is  further  Ordered,  that  eu""  pUiculer  family  wt^in  these 
plantations  shall  also  p^vide  this  pi'sent  yeere,  at  lest  halfe  a 
pownd  of  hemp  or  flaxe. 

It  is  Ordered,  that  Country  Rates  yet  behind  vnpayd,  shall  be 
accepted  by  Mr.  Tresurer  in  marchandable  Indean  Corne  at 
three  shillings  the  bushi; 

It  is  also  Ordered,  that  whatsoeu""  debts  shall  be  made  wt^iin 
the  libertyes  of  these  Plantations,  after  the  pubhshing  of  this 
Order,  ether  by  labour  of  men  or  cattle  or  contract  for  comod- 
ityes,  yt  shall  be  lawfull  for  the  buyer  or  hierer  to  pay  it  in  mar- 
chantable  Indean  corne  at  three  shillings  fower  pence  the 
bush^: 

It  is  Ordered,  that  the  late  Order  conserneing  Wampu  at  sixe 
a  penny  shalbe  dissolued,  and  the  former  of  fower  a  penny  and 
two  pence  to  be  paid  in  the  shilling  shall  be  established. 

The  Order  for  the  regulating  of  worke  and  wages  is  dis- 
solued. 

7 


62  PUBLICRECORDS 

It  is  ordered  that  Mr.  Heynes,  Mr.  Wells  and  Captain  Mason 
shall  goe  downe  to  Paquanucke,  to  settle  the  bownds  betwixt 
them  and  the  Plantations  on  boath  sids  them,  according  as  they 
judge  equall,  as  also  to  heare  and  determin  the  difference  be- 
twixt the  inhabitants  of  Cuphege  amongst  theselues.  They 
also,  w^ii  Mr.  Ludlow,  are  to  require  the  Tribuit  of  the  Indeans' 
about  those  p'ts,  that  is  behind  vnpaid,  due  by  articles  formerly 
agreed  vppon,  as  also  to  inquire  out  the  p'ticuler  Indeans  that 
are  vnder  ingadgement,  w^^  the  lymitts  of  the  grownd  formerly 
belonging  to  them,  and  vppon  refusall  to  pi'ceed  w^^  the  as  they 
shall  see  cause. 

Mr.  Willia  Whiting  of  Hartford  &  Frances  Styles  of  Wind- 
sor are  admitted  freemen. 

Mr.  Whiting  &  Mr.  Allen  of  Hartford  and  Mr.  Hill  of  Wind- 
sor are  nominated  to  stand  in  election  for  magistrats  the  next 
Courte. 

Vppon  the  heareing  of  Mr.  Robert  Saltingstons  petition,  the 
Court  hath  graunted  that  the  Gouernour,  Mr.  Deputy,  Mr. 
Willis  &  Mr.  Welles  shall  heare  and  determin  the  p^ticulers 
therein  mentioned,  p'vided  the  Towne  of  Windsor  consent 
thereunto,  vnto  w^h  reference  the  s^  Mr.  Saltingston  hath 
agreed. 

Arther  Smiths  sallery  is  to  cesse  after  three  months  fro  this 
prsent  tyme. 

It  is  Ordered,  that  the  deputyes  wh^^  searue  at  any  Generall 
Court  shall  be  freed  fro  watch,  ward  &  trayneing,  vntill  the 
next  Court  following  that  wherein  they  searued. 

Mr.  Webster  and  Mr.  Phelps  are  desiered  to  consult  w^h  the 
Elders  of  boath  Plantations  to  p^pare  instructions  agt  the  next 
Court  for  the  punisheing  of  the  sin  of  lying  w^h  begins  to  be 
practised  by  many  p^sons  in  this  Comonwelth. 


[73]  The  Oath  of  a  Freeman, 

I,  ^.  B.  being  by  the  P'uidence  of  God  an  Inhabitant  w^Mn 
the  Jurisdiction  of  Conectecott,  doe  acknowledge  myselfe  to  be 
subiecte  to  the  Gouerment  thereof,  and  doe  sweare  by  the  great 
and  fearefuU  name  of  the  euerliueing  God,  to  be  true  and  fayth- 


OFCONNECTICUT.  63 

full  vnto  the  same,  and  doe  submitt  boath  my  p^son  and  estate 
thereunto,  according  to  all  the  holsome  lawes  and  orders  that 
there  are,  or  hereafter  shall  be  there  made,  and  established  by 
lawfuU  authority,  and  that  I  will  nether  plott  nor  practice  any 
euell  agt  the  same,  nor  consent  to  any  that  shall  so  doe,  but 
will  tymely  discouer  the  same  to  lawfull  authority  there  estab- 
lished ;  and  that  I  will,  as  I  am  in  duty  bownd,  mayntayne  the 
honner  of  the  same  and  of  the  lawfull  magestratts  thereof, 
p'moting  the  publike  good  of  yt,  whilst  I  shall  soe  continue  an 
Inhabitant  there  ;  and  whensoeu""  I  shall  giue  my  voate  or  suf- 
frage touching  any  matter  w^h  conserns  this  Coinon  welth  be- 
ing cauled  thereunto,  will  give  yt  as  in  my  conscience  I  shall 
judge,  may  conduce  to  the  best  good  of  the  same,  wt^^out  res- 
pect of  p^'sons  or  favor  of  any  man.  Soe  helpe  me  God  in  C 
Lord  Jesus  Christe. 

Aprill  the  xth,  1640. 


Aprill  the  10*^,  1640. 

Its  the  aprehensions  of  the  Courte  that  by  the  meadow  vnde- 
uided  wth  apportion  of  vpland,  mentioned  in  the  agreement  be- 
twixt the  34  men  &  the  Towne  &  Church  in  Wethersfield,  is 
vnderstood  all  the  meadowing  w^^in  the  bownds  of  Wethers- 
field on  this  side  the  Riuer  yet  vndeuided,  w^h  apportion  of 
vpland  on  this  side  &  the  other  side  the  Riuer  ;  And  that  the 
said  34  men  haue  an  equall  right  or  p^portion  vnto  the  resdue 
of  the  vpland  vndevided,  w^^  the  Church  and  the  resdue 
of  the  Towne,  ether  in  comon  w^h  the  or  in  any  other  kynd, 
according  as  yt  shall  be  Ordered  by  the  three  men  chosen  on 
ech  side,  or  in  case  they  differ,  by  the  the  said  sixe  men  and  a 
seventh  man  taken  into  the,  according  to  the  agreement  before 
the  Assembly,  p^uided  this  hinders  not  the  nyne  men  fro  acting 
according  to  the  agreement  by  the  Counsell  in  deuisions  that  are 
in  hand. 

There  is  15  acres  for  Mr.  Deynton  and  a  frynd  of  his,  to  be 
sett  out  by  the  foresaid  sixe  men,  wth  two  howse  lotts  and 
pi'portion  of  vpland  thereunto  belonging. 


64  PUBLICRECORDS 

[74]       The  Gener^i  Court,     Aprill  the  ix^^,  1641. 

John  Heynes  Esq'.  Goueri". 

George  Willis  Esq"".  Deputy. 

Magistr' : — Ed:  Hopkins  Esq)",  Rodger  Ludlow  Esq^ 
absent;  Mr.  Will:  Hopkins,  absent;  Mr.  Phelps, Mr.  Web- 
ster, Mr.  Whiting,  Tresurer,  Mr.  Welles,  Secretary. 

Deputy es: — Mr.  Steele,  Mr.  Taylcoate,  Ed:  Stebbing, 
Capten  Mason,  Mr.  Hull,  Mr.  Gaylor,  George  Hubberd, 
Samuell  Smith,  Richard  Crab,  James  Boosy;  John  Pratt, 
absent ;  Tho  :  Ford,  absent. 

For  the  better  pi'searuing  of  Corne  and  meadow  on  the  east 
side  of  the  Create  River,  yt  is  Ordered,  that  there  shall  no  hoggs 
or  swyne  of  any  sorte  be  put  ouer  thither  or  keepte  there  at  any 
tyme  after  the  publishing  this  Order,  wt^in  the  tearme  of  on 
yeare,  and  all  those  that  are  now  at  this  pi"sent  on  that  side,  are 
to  be  remoued  thence  w^'^in  on  weeke  after  the  publisheing 
hereof,  vnder  the  penalty  of  fine  shillings  vppon  euery  hogge  for 
euery  weeke  that  any  such  remayne  there. 

Notwthstanding  the  late  Order  conserneing  the  restraynt  of 
excesse  in  apparrell,  yet  diuers  pi^sons  of  seuerall  ranks  are  ob- 
searued  still  to  exceede  therein  :  It  is  therefore  Ordered  that  the 
Constables  of  euery  Towne  wt^^in  these  libertyes,  shall  obsearue 
and  take  notice  of  any  p^ticuler  p'son  or  p^sons  w^hin  their 
seuerall  lymitts,  and  all  such  as  they  judge  to  exceede  their 
condition  and  ranks  therein,  they  shall  p^sent  and  warne  to  ap- 
peare  at  the  p^'ticuler  Courte ;  as  also  the  said  Constables  are  to 
p''sent  to  the  said  Courte  all  such  p'"sons  who  sell  their  comodi- 
tyes  at  excessive  rats  ;  And  the  said  Courte  hath  power  to  cen- 
sure any  disorder  in  the  p^ticulers  before  mentioned. 

Whereas  yt  was  Ordered  that  euery  family  should  plant  a 
spoonefull  of  hempe  seed,  at  a  foote  distant  euery  seed  :  vppon 
complaint  that  the  said  hempseed  cannot  be  p^cured,  It's  Or- 
dered, that  such  p^sons  who  haue  aboue  the  quantyty  of  a 
spoonefull,  and  deny  to  sell  to  others  that  are  vnprouided,  they 
shall  plant  so  many  spoonefulls  themselues,  according  to  the 
said  Order,  as  they  deny  to  sell  to  others  that  want  and  desire 
to  buy  yt  of  the  at  a  resonable  rate. 

Yppon  Mr.  Wyntrops  motion  to  the  Courte  for  Fyshers 
Hand,  It  is  the  mynd  of  the  Courte,  that  so  farre  as  yt  hinders 


s 


I 


1 


^ 


1  i  ^-^il 


XJ^^ 


OF     CONNECTICUT.  65 

not  the  publike  good  of  the  Country,  ether  for  fortifieing  for 
defence,  or  setting  vppe  a  trade  of  fisheing  or  salt  &,  such  like, 
he  shall  haue  liberty  to  p^ceed  therein. 

Its  Ordered,  that  the  Plantations  shall  alow  tenn  pownd  to 
the  Gouernour  and  others  that  vndertake  w^**  him  to  send  sixe 
men  to  abyde  in  Mohegin  country  for  to  plant  corne,  neere 
Vncoas,  for  the  incouridgement  of  his  men  to  stay  w*^  him, 
the  wch  sixe  men  are  to  remayne  in  the  said  Parts  to  the  end 
of  their  haruest. 

Rich  :  Gyldersly  his  fyne  of  40s.  is  to  be  forborne  vntill  the 
Generall  Court  in  September. 


[76]        A  Generall  Courte  the  vii^h  of  June,  1641. 

Forasmuch  as  the  Court  haueing  lately  declared  their  app""- 
hensions  to  the  Country  conserneing  the  excesse  in  wages 
amongst  all  sorts  of  Artifficers  and  workemen,  hopeing  thereby 
men  would  haue  bine  a  law  vnto  theselues,  but  finding  litle 
reformation  therein.  The  said  Court  hath  therefore  Ordered, 
that  sufficient  able  Carpenters,  Plow  writs,  Wheelewrits,  Ma- 
sons, Joyners,  Smithes  and  Coopers,  shall  not  take  aboue  206?. 
for  a  dayes  worke  fro  the  x^h  of  March  to  the  xit^  of  October, 
nor  aboue  18^.  a  day  for  the  other  p^te  of  the  yeare,  and  to 
worke  xi  howers  in  the  day  the  sumer  tyme,  besids  that  w^^^  is 
spent  in  eateing  or  sleeping,  and  ix  howers  in  the  wynter  :  also, 
mowers,  for  the  tyme  of  mowing  shall  not  take  aboue  xxd.  for 
a  dayes  worke. 

It  is  Ordered,  also,  that  all  other  Artificers,  or  handicrofts 
men  and  cheife  laborers  shall  not  take  aboue  xviijfZ.  a  day  for 
the  first  halfe  yeare  as  aforesaid,  and  not  aboue  14d.  p''  day  for 
the  other  p^te  of  the  yeare ;  and  w^soeuer  worke  is  lett  or  taken 
by  the  great  or  p^sell,  by  any  workemen,  laborers  or  artificers 
wtsoeur,  shall  be  valued  by  the  p^portion  aforesaid. 

.  Also,  Sawyers  shall  not  take  aboue  4s.  2c?.  for  slitt  worke  or 
three  inch  planke,  nor  aboue  3s.  Gd.  for  boards,  by  the  hundred. 
Also,  boards  shall  not  be  sold  for  aboue  5s.  vie?,  the  hundred. 

It  is  also  Ordered,  that  fower  of  the  better  sorte  of  Oxen  or 
Horsses,  w^^  the  tacklin,  shall  not  be  valued  at  aboue  4s.  xd. 


66  PUBLICRECORDS 

the  day,  fro  the  xi^h  of  March  to  the  xi^h  of  October,  and  to 
worke  fro  the  xi^^^  of  March  to  the  xi^^  of  May  vj  howers,  and 
fro  the  xi^^h  of  May  to  the  xi^^  of  October  viiij  howers,  except 
they  be  imployed  in  breakeing  vp  of  vpland  grownd,  for  wch 
worke  they  are  alowed  4s.  xc?.  though  they  worke  but  vj  howers  : 
also  the  said  cattle  shall  not  be  alowed  aboue  4s.  pr  day  fro  the 
xi^i^  of  October  to  the  xi^^  of  March,  and  to  worke  sixe  howers, 
and  so  for  a  greter  or  lesser  nuber  of  Cattle  according  to  the 
said  prportion. 

And  yts  Ordered,  that  if  any  p^son  ether  directly  or  indi- 
rectly, shall  giue  or  take  any  greter  wages  for  the  worke  ether 
of  men  or  cattle  then  the  pryses  before  mentioned,  shall  abyde 
the  censure  of  the  Court. 


[78]  September  the  2^,  1641. 

John  Haynes  Esq^.  Gouer"". 
George  Willis  Esq^  Deputy, 

Ed:  Hopkins  Esq^,  Tho:  Welles,  Mr.  Phelps,  Mr.  Webster. 

The  Jury. — Mr.  Plum,  Jur.  Tho:  Stolton,  Henry  Clarke, 

John  Byssell,  Henry  Wollcott,  Robert  Parks,  Robert 

Rose,  Robert  Abbott,  John  Talcott,  Will:  Lewis,  John 

Clarke,  Andrew  Bacon  ;  Jur. 

Mathew  Allen  pl^   ag*  John  Coggen  deft,  in  an  action  of 

slaunder,  to  the  damage  of  a  thousand  po  wnds      The  Jury  find 

for  the  pi*  damages  20/.  Costs  vijs.     Mr.  Hill  hath  vndertake 

to  satisfie  the  20/.  for  Mr.  Allen,  when  the  Court  shall  require 

yt. 

Tho:  Munson  pi*  ag*  John  Hall  defend*,  in  an  ac"  of  defa- 
mation.    The  Jury  find  for  the  pi*  damages  20s.  Costs,  vijs. 

Frances  Styles  pi*  ag*  Ed:  Hopkins  Esq^  defend*,  in  an  ac- 
tion of  the  Case.  The  Jury  find  for  the  pi*  damages  xv/.  xs. 
Costs,  vijs. 

Samuell  Gardner  for  his  affront  of  the  watch  is  fyned  xs,  and 
is  to  acknowledge  his  fault  the  next  trayneing  day. 

Robert  Saltingston  gent,  plan*  ag*  Edward  Hopkins  Esq^ 
defend*,  as  an  assigne  to  Mr.  John  Woodcoke,  in  an  action  of 
the  case,  to  the  damage  of  200/. 


OPCONNECTICUT.  67 

For  the  4th  action  of  Math:  Allen  PI*  ag*  John   Coggen 
defd,  the  Jury  find  for  the  p^  damages  xxl.  Costs,  vijs. 

Mr.  Hill  of  Wyndsor  vndertaks  to  satisfie  Mr.  Allen  the  201. 
for  Mr.  Coggen  when  the  Courte  shall  appoynt  yt. 

For  the  5^^  ac^  of  John  Coggen  pit  agt  Math  :  Allen  def*^, 
the  Jury  find  for  the  defen^.  Costs  vijs.  Mr.  Coggen  denyed 
to  appeare  to  his  action  w"  the  Jury  was  cauled  to  giue  in 
their  verdicte,  aleadging  he  hath  not  his  full  testimony. 
[79]  Mr.  Robert  Saltingston  hath  an  attachment  graunted  agt 
Mr.  Edward  Hopkins,  whereby  he  hath  attached  halfe  the  Myll 
standing  by  the  New  Bridge. 


[80]     A  Generall  Court  held  the  ix^^  of  Sep:  1641. 

John  Haynes  Esq'.  Gou^". 
George  Willis  Esq'.  Deputy. 

Ed:  Hopkins  Esq',  Mr.  Welles,  Mr.  Phelps,  Mr.  Webster. 
Deputyes  :— Mr.  Steele,  Mr.  Talcott,  Ed  :  Stebbing,  John 
Pratt,  Capten  Mason,  Mr.  Hill,  Mr.  Hull,  Mr.  Clarke, 
Mr.  Swayne,  Nath  :  Foote,  Robert  Rose,  Samuell  Smith, 
John  Burr,  John  Sticklin. 
The  Order  for  the  restreyneing  of  the  felling  of  Tymber  is 
repeled,  pi'uided  that  no  Tymber  be  falen  w^hin  three  myles  of 
the  mouth  of  Matabezeke  river,  nor  at  unseasonable  tymes,  viz*. 
fro  the  beginning  of  Aprill  to  the  end  of  Septeber,  and  that  it 
be   improued   into   pipestaues   or   some    other    marchantable 
comodity  wt^in  on  month  after  the  felling  thereof,  or  carted 
togather ;  and  that  the  Tymber  so  improued  shall  not  be  trans- 
ported fro  the  Riuer  but  for  dischardge  of  debts  or  fetching  in 
some  necessary  p^visions. 

It  is  Ordered,  that  the  size  of  Pipestaues  shall  be  4  foote  4 
inches  in  length,  halfe  an  inch  at  lest  in  thicknes,  besids  the 
sappe  :  they  are  to  be  4  inches  in  bredth,  if  vnder  to  goe  for 
halfe  staues,  and  non  are  to  goe  if  vnder  3  in  bredth.  And 
there  shall  be  appoynted  in  every  Towne  wt^in  these  libertyes, 
one  experienced  man  to  vew  &  obsearue  all  such  staues  as 
aforesaid,  and  ech  p^cell  by  him  approued  of  shall  be  sealed, 
who  shall  be  sworne  to  that  searuice.     And  all  such  p^sells  so 


68  PUBLICRECORDS 

approued  &  sealed,  shall  passe  to  the  Marchant  at  5Z.  the  thou- 
sand,  to  be  deliuered  at  the  Riuers  mouth,  at  Wh  place  the 
Country  hath  vndertook  to  p^vid  for  Mr.  Hopkins,  by  the  be- 
gining  of  June  next,  70000,  vizt.Wethersfield  30000,  Wyndsor, 
20000,  Hartford  20000,  if  Mr.  Hopkins  can  p^uid  shipping  and 
aford  to  giue  that  price. 

Mr.  Hopkins  is  desiered  by  the  Courte,  if  he  see  an  op'^tunity, 
to  arbitrate  or  issue  the  difference  betwixt  the  Dutch  and  vs, 
as  occation  and  op^tunity  shall  be  offered  when  he  is  in  Ingland.* 

Mr.  Fowler,  Mr.  Astwood  &  Mr.  Tappe  of  Mylford  are  de- 
sired by  the  Courte  as  neighbours  (if  they  please  to  take  such 
paynes,)  to  settle  the  bownds  betwixt  Paquanucke  and  Vnco- 
way,  as  they  shall  iudge  meete,  or  vppon  their  suruey  thereof  to 
report  their  app'"hensions  to  the  seuerall  Townes,  vppon  w'^^  if 
they  shall  not  accord  and  consent  thereunto,  the  Court  will  there- 
uppon  issue  the  same. 

Mr.  GouernJ"  and  Mr.  Whiting  are  desiered  to  take  the  late 
Tresurer's  accoumpte. 

Mr.  Willis  and  Mr.  Hopkins  are  desiered,  if  they  haue  an 
oprtunity,  to  further  the  league  of  Vnity  yv^^  the  Bay. 

The  Gouernour,  Mr.  Phelps  and  Capten  Mason  are  desiered 
to  treat  w^h  Mr.  Phenicke,  conserneing  liberty  for  making  salt 
in  Long  Hand  and  takeing  fishe,  who  haue  power  also  to  con- 
tract w^^  who  they  can  pfcure  for  effecting  the  same. 

For  the  p'^uenting  and  avoyding  that  fowle  and  grosse  sin  of 
lying,  yt  is  Ordered,  that  when  any  p^son  or  p^'sons  shall  be  ac- 
cused and  proued  guilty  of  that  vice,  yt  shall  be  lawfull  for  the 
p^ticular  Courte  to  adiudge  and  censure  any  such  p^ty,  ether 
by  fyne  or  bodily  correction  according  as  they  shall  judge  the 
nature  of  the  fault  to  require ;  this  to  hold  to  the  next  Court. 
[81]  It  is  Ordered,  that  whosoeur  trads  for  any  Indean  planted 
Corne,  after  the  publisheing  this  Order,  shall  pay  to  the  Coun- 
try 4d.  for  euery  bush:  p^uided  they  buy  it  not  for  to  supply 
their  owne  necessity. 

The  Secretary  is  appoynted  to  giue  to  Mr.  Hopkins,  vnder 
his  hand,  the  nuber  of  the  bush:  of  Corne  p^'sented  to  the  Courte 
by  the  Plantacons. 

*  See  a  letter  from  Sir  Wm.  Boswell,  English  ambassador  at  the  Hague,  in  relation  to  the 
encroachments  of  the  Dutch — in  Appendix,  No.  1. 


OFCONNECTICUT.  69 

[82]     A  Generall  Court  held  the  ix^^  of  NouesER,  1641. 
John  Heynes  Esq"".  Gouern''. 
George  Willis  Esq^. 

Mr.  Welles,  Mr.  Phelps,  Mr.  Webster,  Mr.  Whiting. 
[Deputies  :] — Mr.  Steele,  Mr.  Talcoat,  Ed:  Stebing,  John 
Prat,  Mr.  Plum,  Mr.   Swayne,  Samuell  Smith,  Nath: 
Foote,  Capten  Mason,  Mr.  Hill,  Mr.  Hull,  Will'  Gay- 
lard. 
Whereas  by  reson  of  the  great  scarcity  of  mony,  execution 
being  taken  of  seuerall  p^sons  goods,  that  haue  bine  sowld  at 
very  cheap  rats  to  the  extreame  damage  of  the  debtor.  It  is 
therefore  Ordered,  that  whatsoeuer  execution  shall  be  graunted 
vppon  any  debts  made  after  the  publisheing  this  Order,  the 
Creditor  shall  make  choyse  of  one  p''ty,  the  debtor  of  a  second, 
and  the  Court  of  a  third,  who  shall  pryse  the  goods  so  taken 
vppon  execution  as  aforesaid  and  deliuer  the  to  the  Creditor. 

The  former  Order  conserneing  the  payment  of  debts  to  be 
made  by  Indean  Come  is  repealed. 

It  is  Ordered  that  Mr.  Welles,  Mr.  Steele,  Mr.  Plum  and 
James  Boosy  shall  runne  the  lyne  west  into  the  Country  be- 
twixt Hartford  and  Wethersfield,  to  begin  at  the  great  Riuer 
against  the  marked  tree. 

The  Country  Rate  of  *  graunted  the  last 

Court  may  be  paid  in  Old  Indean  Corne  at  3s.  the  bushi  new 
at  2s.  vie?,  Inglishe  wheat  at  4s. 

Its  Ordered,  that  160  bushi  of  Corne  shall  be  sent  in  by  the 
Country  to  the  Gouernour,  to  be  levied  vppon  the  Townes  by 
the  p'"portion  of  the  last  rate. 

The  Cort  is  adioyrned  to  the  first  Wensday  in  January,  to 
meet  at  the  Gouernours  howse  after  the  Lecture. 


[84]        Dec.  the  ix^h,  1641.     The  PfTicuLER  Court. 
John  Heynes  Esq"".  Gou"". 
George  Willis  Esq^  Depty. 

Mr.  Whiting,  Mr.  Webster,  Mr.  Welles. 
The   Jury. — Andrew    Bacon,   Jur:    Tymothy    Standly, 


This  blank  occurs  in  the  original. 


70  PUBLICEECORDS 

Tho :  Scott,  Tho :  Osmore,  James  Boosy,  George  Hub- 
berd,  Tho :  Coleman,  Henry  Woolcott,  John  Porter, 
Tho:  Ford,  Joshua  Carter,  Willia  Rescue;  Jur. 

Frances  Styles  pi*  ag*  Robert  Saltingston,  gent.,  defend,  in 
an  action  of  the  Case  to  the  damage  of  70/.  The  Jury  find  for 
the  pl^  damages  5lZ.  Costs  vijs. 

Robert  Saltingston,  gent.,  pi*  ag*  Frances  Styles  defen',  in 
an  action  of  the  Case  to  the  damage  of  800/.  The  Jury  find 
for  the  defent.  Costs  xs. 

Frances  Styles  pi*  ag*  Robert  Saltingston,  gent.,  defen*,  in 
an  Action  of  debte  to  the  damage  of  100/.  The  Jury  find  for 
the  pit,  eighty  one  pownd  twelue  shillings  damages  according 
to  the  award,  and  the  double  costs  of  the  Court. 

Robert  Saltingston  gent,  pi*  agt  Frances  Stiles  defen*,  in  a 
second  action  of  the  Case  to  the  damage  of  500/. 

Robert  Saltingston  gent,  pi*  ag*  Frances  Stiles  defen*,  in  a 
third  action  of  the  Case,  to  the  damage  of  50/. 

The  Jury  is  to  be  warned  for  Thursday  com  fortnight. 


[86]  January  the  5th,  1641. 

John  Heynes  Esq'.  Gou'. 
George  Willis,  Esq"^.  Dep. 

Mr.  Welles,  Mr.  Phelps,  Mr.  Webster,  Mr.  Whiting. 
IDeputyes:'] — Mr.  Steele,  Mr.  Tailcoate,  Ed:  Stebbing, 
Jo:  Pratt,  Mr.  Plume,  Mr.  Swayne,  Sam  :  Smith,  Nath: 
Foote,  Capten  Mason,  Mr.  Hill,  Mr.  Hull,  Will'  Gay- 
lard. 
Mr.  Huits  Petition  for  the  Hand  at  the  Falls,  is  graunted. 
Its  Ordered,  that  Capten  Mason  shall  haue   500  acres  of 
grownd,  for  him  and  his  heires,  about  Pequoyt  Country,  and  the 
dispose  of  500  more  to  such  souldears  as  joyned  w^^  him  in  the 
searuice  when  they  conquered  the  Indeans  there. 

The  Court  adiorned  to  the  19*^  of  this  month.  ...  To 
the  26th.     ...     To  the  first  Wensday  in  March. 

The  Courte  desiereth  Mr.  Whiting,  Capten  Mason,  Mr.  Pluin 
and  Henry  Clarke  to  take  course  for  the  pi'cureing  some  peeces 
of  Ordnance  from  Piscataq'  or  elsewhere ;  the  frayght  is  to  be 


OF     CONNECTICUT,  71 

at  the  chardge  of  the  Country.  And  also  to  take  order  for  erect- 
ing some  fortifications  where  they  thinke  meete  for  searuice, 
and  to  doe  therein  as  they  shall  see  cause. 

Yf  The  Towne  of  Windsor  p^uid  a  Ferry  Boate  to  attend  the 
River,  they  are  to  be  alowed  3d.  for  a  single  Passenger  and  two 
pence  a  person  w^  they  carry  more  then  one  att  a  frayght,  and 
twelue  pence  for  a  horse. 


[88]     The  Generall  Courte  for  Election  of  Magistrats, 
THE  second  Thursday  in  Aprill,  1642. 
George  Willis  Esq"",  Gou"". 
Roger  Ludlow  Esq^,  Dep. 

Magestrats :     John  Haynes  Esq',  Mr.  Phelps,  Mr.  Web- 
ster, Capten  Mason,  Mr.   Welles,  Mr.  Whiting :    these 
p'^sent.     Ed  :  Hopkins  Esq"",  Will'  Hopkins  :   absent. 
Deputyes :     Mr.  Steele,  Mr,  Taylcoate,  Mr.  Westwood, 
Andrew   Bacon,  Mr.  Hill,   Mr,  Hull,   Will'    Gaylard, 
Henry  Clarke,  Mr.  Plum,  Mr.  Swayne,  George  Hubberd, 
James  Boosy,  Phillip  Groues, 
Its  the  appi'hension  of  the  Generall  Courte  that  the  p^'ticuler 
Courte  should  not  be  inioyned  to  be  keepte  aboue  once  in  a 
quarter  of  a  yeare. 

It  is  ordered,  that  the  p^'ticuler  Courte  shall  haue  liberty  to 
dispose  of  ten  thousand  acres  of  grownd  in  Pequoy t  Country,  as 
yt  lyeth  togather,  \v^^  lest  pnudice  to  others  that  may  hereafter 
succeed  the,  for  the  further  planting  the  Country. 

Its  Ordered,  that  the  Goui'nor  and  Mr.  Heynes  shall  haue  lib- 
erty to  dispose  of  the  ground  vppon  that  pi'te  of  Tunxis  River 
cauled  Mossocowe,  to  such  inhabitants  of  Wyndsor  as  they 
shall  see  cause. 

It  is  Ordered,  that  there  shall  be  an  Artillary  Yard,  where 
the  Company  shall  haue  liberty  to  exercise  their  Arms  once  a 
month,  and  chuse  their  Officers  according  to  the  course  of  Ar- 
tillary men,  and  there  shall  be  300  acres  of  grownd  alowed 
thereunto  for  their  incouridgement  therein,  in  some  conuenient 
place,  where  yt  may  be  found  for  the  benefitt  and  vse  of  the 
Company  successively. 


72  PUBLICRECORDS" 

It  is  Ordered,  that  there  shall  be  a  restraynt  for  any  pi'son 
wt^in  this  Jurisdiction  fro  trading  w^^  Indeans  in  Long  Island, 
vntill  the  Courte  in  September  com  twelue  month,  only  Tho : 
Steynton  and  Richard  Lord  haue  liberty  to  goe  one  vyadgej 
for  the  putting  offe  the  smale  comodityes  they  haue  pi'uided  for 
that  end,  and  to  gather  in  their  old  debts. 

Tho :  Ford  is  to  enioy  the  200  acres  of  grownd  formerly 
graunted  to  him,  and  his  neglect  of  improueing  yt,  w^^in  the 
tyme  formerly  lymited,  is  remitted. 

The  Courte  adioyrned  to  the  last  Wensday  in  this  month. 

The  Courte  adiorned  to  the  xi^^  of  May. 


May  the  xith,  1642. 

Its  Ordered,  that  the  magestrats,  or  the  gretest  pi'te  of  them, 
shall  haue  liberty  to  agitate  the  busines  betwixt  vs  and  the 
Dutch,  and  if  they  thinke  meete  to  treate  w^^  the  Gouernor 
conserneing  the  same. 

It  is  graunted,  that  Wyndsor  lyne  shall  run  vppon  Mr.  Salt- 
ingstall  his  land,  neere  the  falls,  according  to  their  other  lotts, 
pruided  yt  pi'ue  not  aboue  a  poynt  and  halfe  towrd  the  north, 
and  wt  preiudice  Mr.  Saltingstall  shall  susteyne  thereby,  the 
Country  shall  make  good. 

And  whereas  the  foresaid  grownd  formerly  graunted  to  Mr. 
Saltingstall,  was  to  haue  bine  impaled  w^hin  three  yeares  after 
the  graunt,  he  is  now  released  of  that  ingadgement,  and  the 
land  confirmed  to  him.  He,  the  s^  Mr.  Saltingstall  doth  pJ^mise 
to  lend  the  Country  two  peeces  of  Ordnance,  Sakers  or  Min- 
ions, and  if  he  require  the  before  the  Country  can  spare  the, 
he  is  to  pay  for  the  frayght. 

[89]  It  is  ordered,  that  no  man  wt^in  these  libertyes  shall  re- 
fuse marchantable  Indean  Corne  at  the  rate  of  25.  vid.  the  bush*, 
for  any  contracte  made  for  the  labour  of  men  or  cattell  or  coiii- 
odityes  sold  after  the  publisheing  this  Order. 

The  Courte  is  adioyrned  to  the  last  Wensday  of  July,  excepte 
the  Gou''  see  cause  to  call  it  before. 

May  the  2d.  The  Court  hath  appoynted  that  Mr.  Hill  shall  sat- 
isfie  Mr.  Coggens  debte  of  20/.  to  Mr.  Allen,  w^'in  a  month 
after  the  date  hereof,  according  to  his  p'mise,  vppon  the  verdicte 
of  the  Jury  vppon  the  sute  of  the  action  of  slaunder. 


OFCONNECTICUT.''  73 


July  25ti»,  1642.     The  Court  is  adioyrned  for  a  fortnight. 
August  the  9*^.     The  Courts  dissolued. 


A  Generall  Courte,  August  the  26th,  1642. 
Roger  Ludlow  Esq'',  Deputy. 

Jo:  Heynes  Esqs  Mr.  Welles,  Mr.  Phelps,  Capten  Mason. 
[Deputyes :]     Mr.  Steele,  Mr.  Talcote,  Mr.  Westwood, 

Andrew  Bacon,  Mr.  Hill,  Mr.  Hull,  Mr.  Clark,  Will'. 

Gaylord,    Mr.    Swayne,  Mr.  Parke,  George   Hubbert, 

Robert  Rose. 

It  is  Ordered,  that  there  shall  be  a  letter  writt  fro  the  Courte 
to  the  Bay  to  further  the  p'secution  of  the  Indeans,  to  pi'uent 
their  mischeuos  plotte  in  their  late  Combination.* 

It  is  Ordered,  that  the  Clarke  of  the  band  in  euery  Towne 
wthin  these  libertyes,  shall  haue  an  Oath  giuen  him  by  the 
Gou''nour  or  some  Magistrate,  to  vewe  the  arms  in  their  seu^all 
Plantations,  and  make  returne  of  such  as  are  defectiue  or  want 
the  quantity  of  powder  or  bullitts  according  to  Order  of  Courte, 
and  also  of  such  as  are  absent  at  tymes  of  Trayneing. 

It  is  Ordered,  that  the  Inhabitants  w'^in  these  libertyes  shall 
not  suffer  any  Indean  or  Indeans  to  com  into  their  bowses, 
only  the  Magistrals  may  admitte  of  a  Sachem,  if  he  com  not 
w'h  aboue  two  men. 

It  is  Ordered,  that  there  shall  be  a  gard  of  40  men  to  com 
compleate  in  their  Arms  to  the  meeting  euery  Sabbath  and  lec- 
ture day,  in  euery  Towne  wt^in  these  libertyes  vppon  the 
Riuer. 

*"  The  letters  and  other  intelligence"  from  Connecticut,  relating  to  the  alleged  designs  of 
Miantonimo  "  to  draw  the  Indians  into  a  confederation"  against  the  English,  were  laid  before  the 
General  Court  of  Massachusetts,  at  its  session  in  September.  Information  of  the  plot  had  been 
communicated  to  Mr.  Ludlow,  then  residing  at  Uncowa,  (now  Fairfield.)  by  one  of  the  neigh- 
boring Sachems,  about  the  20th  of  August.  See,  in  Mass.  Hist.  Coll.  3d  Ser.,  iii.  161,  "  A  true  re- 
lation of  a  conspiracy  of  Maantanenio,  the  greats  Sachem  of  the  Naragancetts,  Soheage  or  Se- 
quin, the  Sachem  of  Matabeseck,  and  Sasawin  or  Sequassen,  the  Sachem  of  Sicaogg,  for  destruc- 
tion of  the  English  and  generally  throughout  New  England,  as  it  hath  beene  discovered  by  a 
Sachem  living  neere  Mr.  Ludlowe,  as  also  of  another  Indian  of  Long  Island  to  Mr,  Eaton  of 
New  Haven,  and  of  another  Indian  in  the  River  of  Conectecott," 

8 


74  PUBLICREOORDS* 

ISEPTEm  5th,  1842.  The  Courte  manifest  their  willingnes, 
according  to  theire  abillityes,  to  further  the  imployment  of  the 
Shipcarpenter  &  Roper  motioned  by  Mr.  Whiting. 

The  Court  agree  to  take  an  Oath  to  keepe  secret  what  they 
shall  determine  and  conclud  to  conceale,  as  foUoweth  : — 

There  shall  be  a  Comitte  chosen  to  make  pi'paration  ag^ 
[  *]  and  the  murtherers,  (this  to  be  kept  secret,)  and 

to  defeat  the  Plott  of  the  Indeans  meeting  about  Tunxis. 
[90]     The  Gou^  Mr.  Ileynes,  the  Capten  and  the  rest  of  the 
Magestrats,  are  chosen  for  a  Coinitte  to  agitate  the  businesses 
before  mentioned. 


SEPTEm  THE  S^^'s  1642. 

George  Willis  Esq>",  Go'". 

Jo:  Heynes  Esq',  Mr.  Welles,  Mr.  Phelps,  Capten  Mason. 
[Depulyes ;]     Mr.  Parke,  Mr.  Swayne,  Mr.  Clarke,  Wm. 
Gaylord,  Andrew  Bacon,  Mr.  Talcot,  Mr.  Westwood. 

Forasmuch  as  the  Indeans  growe  insolent  and  combyne  the- 
selues  togather,  being  suspected  to  p'pare  for  warr,  It  is  Ordered, 
that  no  Smith  w^'un  these  libertyes  shall  doe  any  worke  for  the, 
nor  any  p'son  wt''in  these  libertyes  shall  trade  any  Instrument 
or  matter  made  of  iron  or  Steele  w*^''  the,  nor  deliuer  any  that 
are  allreddy  made,  wt^out  lycense  fro  two  Magistrats,  nor  buy 
any  of  their  venison  vntill  further  liberty  be  graunted. 

It  is  Ordered,  that  eu'"y  Towne  w^i'in  these  libertyes,  p^uide 
w^^'in  fowerteene  dayes,  twenty  halfe  Pi  ekes,  of  ten  foote  in 
length  at  lest  in  the  wood. 

Andrewe  Bacon  is  joyned  w^i'  the  Capten  and  Mr.  Clarke, 
to  P'pare  caridges  for  the  peeces  that  cam  fro  Piscataq'. 

It  is  Ordered,  that  for  the  secureing  of  the  Plantations  there 
shall  be  two  wards  men  at  lest,  in  eu'y  seuerall  Towne  wt'^in 
these  libertyes,  to  giue  notice  of  any  sudden  daynger  that  may 
com  vppon  the  Plantations,  and  to  execute  the  Order  for  keepe- 
ing  out  Indeans  ;  And  also  that  there  remayne  w"'in  euery 
Towne  a  competent  nuber  of  men  dayly,  for  the  defence  thereof, 
viz*.  Hartford  40,  Wyndsor,  30,  Wethersfield  20. 


•  Blnnk  in  the  original.    The  order  douhtless  refers  to  Sowheag  or  Sequin,  who  had  been 
charged  with  b-ccreting  tliu  nniidcrcrs  of  tlie  English. 


OFCONNECTICUT.  75 

Its  agreed  that  Wyndsor  shall  take  offe  the  worth  of  90^.  in 
Gotten  Wooll,  fro  Mr.  Hopkins  ;  Wethersfield,  the  worth  of 
110/.;  Hartford  200/.;  w^^^  Hberty  to  the  Plantations  to  pi'por- 
tion  yt  according  to  their  former  Rats,  if  Wyndsor  and  Weth- 
ersfield shall  wthin  on  month  desire  yt. 

The  Courte  is  adioyrned  for  a  month,  vnless  the  Gou""  see 
cause  to  caull  yt  sooner. 

Sep*,  the  IT^h,  1642. 
Its  Ordered,  that  the  Clarke  of  the  Band  in  euery  Plantation 
wt^in  these  Libertyes,  shall  giue  in  to  the  deputyes  of  their 
seui^all  Townes,  an  exacte  list  of  all  the  Trayne  men  fro  16 
yeares  to  60 :  and  the  deputyes  to  dehu'"  the  same  to  the  Coin- 
itte  who  haue  power  to  levy  the  said  Townes  for  the  p^secution 
of  the  warre. 

Sept.  29th,  1642. 

The  Courte  aduiseth  that  a  letter  be  returned  to  the  Dutch 
in  answer  to  their  letter  brought  by  Mr.  Whiteing.  Mr. 
Heynes,  Mr.  Hopkins  and  Mr.  Whiteing  are  desiered  to  write 
yt,  as  also  to  write  to  Mr.  Dudlie  and  Mr.  Bellingha  conserne- 
ing  what  the  Dutch  Gouernor  reporteth  that  they  haue  wrote 
to  him  about  o""  differences  etc. 

That  the  Country  may  be  better  enabled  to  kill  yearely  some 
Beves  for  supply  of  Leather,  It  is  Ordered,  that  no  Calues  shall 
be  killed  wt^in  these  Plantations,  w^hout  the  approbation  of  two 
men  w'hin  ech  Towne,  by  the  Court  to  be  appoynted  for  that 
searuice,  vppon  forfeture  of  ten  shillings  to  the  Country.  For 
Hartford,  Wm.  Butler,  George  Steele ;  Wyndsor,  John  Bissell, 
John  Portor  ;  for  Wethersfield,  Leo  :  Chester,  Rich  :  Trotte. 
[49]  Vppon  a  bill  exibited  by  Mr.  Tailcoate,  there  appeareth 
due  to  Mr.  Eldridge,  4.  4.  6. 

October  the  4*^,  1642. 
Its  ordered,  there  shall  be  90  Coats  p^vided   w^Hn  these 
Plantns,  wthin  tenn  dayes,  basted  w^^  cotten  wooll  and  made 
defensiue   ag'    Indean  arrowes ;    Hartford  40,   Wyndsor  30, 
Wethersfield  20. 


76  PUBLICRECORDS 

The  Courts  adiorned  for  a  month,  vnles  the  Gou''   see  cause 
to  call  yt  soooner. 


The  PrxiC  Court,  M^^  op  Octob"',  1642. 

George  Willis  Go^",  Esqf. 

Jo:  Heynes  Esq^  Ed :    Hopkins  Esq^,    Mr.    Phelps, 
Mr.  Webster,  Mr.  Whiting,  Mr.  Welles. 

Jury  :  Mr.  Cullicke,  Tho  :  Osmore,  Gregory  Wilterton, 
Will'  Pantry,  Tymothy  Standly,  John  Clarke,  Frances 
Styles,  John  Byssell,  Roger  Willms,  John  More,  Nath : 
Dickinson,  John  Trott. 

The  ac^  of  Seargeant  Fyler  pi*,  in  the  behalfe  of  the  Towne 
of  Wyndsor  ag*  Mat:  Allen,  deft,  in  an  ac.  of  the  Case.  The 
said  Math :  Allen  is  to  pay  costs  for  non  apparance  viijs.  vi^. 
The  Court  following,  Seargeant  Fyler  was  adiudged  to  pay  the 
said  costs,  haueing  made  a  referance  before  the  sute. 

The  sute  of  Ephraim  Huit  pi.  ag*  Tho :  Steynton,  is  w^h. 
drawn  by  consent. 

Bray  Rocester  pi.  ag*  Wyddow  Hudgison,  Executrixe  to 
Will'  Hudgison,  defen*,  in  an  action  of  debt  to  the  damage 
of  16/. 

Whereas  many  sutes  com  into  the  Court  ag*  Tho  :, Marsh- 
field,  and  he  is  w^hdrawen  and  non  soluit.  The  Court  hath  ap- 
poynted  Henry  Woolcott  &  Tho :  Ford  to  take  into  their 
chardge  or  custody  all  the  estate,  goods  &  chattells  of  the  said 
Tho  :  Marshfields,  as  they  shall  be  able  to  discou"^  yt,  and  to 
dispose  of  yt  to  the  best  aduantage  for  the  vse  of  the  creditors, 
and  the  same  to  accoumpt  to  the  Court  w^  they  shall  be  there- 
vnto  cauled. 

Mr.  Eldridge  pi.  agt  Tho  :  Marshfield  deft,  in  an  ac.  of  debt 
to  the  damage  of  121. 

Henry  Woolcott  pi.  agt  Tho :  Marshfield  defS  in  an  ac.  of 
the  case  to  the  damage  of  40/. 

In  the  ac.  of  Richard  Trott  and  Samuell  Smith  agt  John 
Plum  deft,  the  Jury  find  for  the  pl^  Damages  155.  Costs 
viijs.  ij6?.     Execution  graunted. 


ofconnecticut,  77 

[92]     Capitall  Lawes  established  by  the  Generall  Court, 

THE   FIRST  OF  DeCEMBER,   1642, 

1.  Yf  any  man  after  legall  conuictlon  shall  haue  or  worship 
any  other  God  but  the  Lord  God,  he  shall  be  put  to  death. 
Deu  :  13.  6,  &  17.  2  :  Ex  :  22.  20. 

2.  Yf  any  man  or  woman  be  a  witch  (that  is)  hath  or  con- 
sulteth  wth  a  familliar  spirit,  they  shall  be  put  to  death.  Ex : 
22.  18:   Lev:  20.  27:  Deu:  18.   10,  11. 

3.  Yf  any  p^son  shall  blaspheme  the  name  of  God  the  Father, 
Son  or  Holy  Goste,  w^h  direct,  expres,  prsumptuous,  or  high- 
handed blasphemy,  or  shall  curse  God  in  the  like  manner,  he 
shall  be  put  to  death.     Leu  :  24.   15,  16. 

4.  Yf  any  p^son  shall  comitt  any  willfuU  murther,  w^h  is  man- 
slaughter comitted  vppon  mallice,  hatred  or  cruelty,  not  in  a 
mans  necessary  and  iust  defence,  nor  by  mere  casualty  against 
his  will,  he  shall  be  put  to  death.  Ex:  21.  12,  13,  14:  Num  : 
35.  30,  31. 

5.  Yf  any  person  shall  slay  another  through  guile,  ether  by 
poysonings  or  other  such  divillishe  practice,  he  shall  be  put  to 
death.     Ex:  21.  14. 

6.  Yf  any  man  or  woman  shall  ly  w'^  any  beast  or  bruit 
creature,  by  carnall  copulation,  they  shall  surely  be  put  to 
death,  and  the  beast  shall  be  slayne  and  buried.  Leu :  20. 
15,  16. 

7.  Yf  any  man  lye  w^h  mankynd  as  he  lyeth  w^^  a  woman 
both  of  them  haue  comitted  abomination,  they  both  shall  surely 
be  put  to  death.     Leu  :  20.   13. 

8.  Yf  any  p^son  comitteth  adultery  w^^  a  married  or  es- 
poused wife,  the  adulterer  and  the  adulteres  shall  surely  be  put 
to  death.     Le :  20.  10,  &  18.  20  :  Deu :  22.  23,  24. 

9.  Yf  any  man  shall  forcebly  and  w^hout  consent  rauishe 
any  mayd  or  woman  that  is  lawfully  maried  or  contracted,  he 
shall  be  put  to  death.     Deu  :  22.  25. 

10.  Yf  any  man  stealeth  a  man  or  mankind,  he  shall  be  put 
to  death.     Ex:  21.  16. 

11.  Yf  any  man  lise  vp  by  false  witnesse,  wittingly  and  of 
purpose  to  take  away  any  mans  life,  he  shall  be  putt  to  death. 

Deu  :   19.   16,  18,  19. 

8* 


78  PUBLICRECORDS 

12.  If  any  man  shall  conspire  or  attempte  any  inuasion,  in- 
surrection or  rebellion  against  the  Comon  welth,  he  shall  be 
put  to  death. 

And  whereas  frequent  experience  giues  in  sad  euidence  of 
seuerall  other  wayes  of  vncleanes  and  lasiuious  caridges  prac- 
tised among  vs,  whereunto,  in  regard  of  the  variety  of  Circu- 
stances,  pi'ticular  and  expresse  lawes  and  orders  cannot  sud- 
denly be  suted ;  This  Court  cannot  but  looke  vppon  evells  in 
that  kind  as  very  pi'nitious  and  distructiue  to  the  welfare  of  the 
Comon  weale,  and  doe  judge  that  seuere  and  sharpe  punishe- 
ment  should  be  inflicted  vppon  such  delinquents,  and  as  they 
doe  approue  of  what  hath  bine  alreddy  done  by  the  p'ticuler 
Court,  as  agreeing  w^^  the  generall  power  formerly  graunted, 
so  they  do  hereby  confirme  the  same  power  to  the  p^ticuler 
Court  who  may  proceed  ether  by  fyne,  comitting  to  the  howse 
of  correction  or  other  corporall  punishement,  according  to  their 
discretion,  desiering  such  seasonable,  exemplary  executions  may 
be  done  vppon  ofTondors  in  that  kynd,  that  others  may  heare 
and  feare. 

Forasmuch  as  incorigiblenes  is  also  adiudged  to  be  a  sin  of 
death,  but  noe  lawe  yet  amongst  vs  established  for  the  execu- 
tion thereof;  For  the  p^'uenting  that  great  evell,  It  is  Ordered, 
that  whatsoeuer  Child  or  searuant  w^^^^in  these  libertyes,  shall  be 
conuicted  of  any  stubborne  or  rebellious  caridge  against  their 
parents  or  gouernors,  w^^^^  is  a  forerunner  of  the  forementioned 
evell,  the  Gouernor  or  any  two  Magestrats  haue  liberty  and 
power  fro  this  Court,  to  comit  such  p^son  or  p^sons  to  the  howse 
of  correction,  and  there  to  remayne  vnder  hard  labour  and 
seuere  punishement,  so  long  as  the  Court  or  the  mayor  parte  of 
the  Magestrats  shall  judge  meet. 

[93]  Whereas  diuers  p^sons  dep^'te  from  amongst  vs,  and  take 
vp  their  abode  w^^  the  Indeans  in  a  pj'phane  course  of  life, 
For  the  p^uenting  whereof,  Yt  is  Ordered,  that  whatsoeuer 
prson  or  p^sons  that  now  inhabiteth  or  shall  inhabite  w^^in  this 
Jurisdiction,  and  shall  deplete  fro  vs  and  sette  or  joyne  w^^  the 
Indeans,  that  they  shall  suffer  three  yeares  imprisonment  at  lest, 
in  the  howse  of  correction,  and  vndergoe  such  further  censure 
by  fyne  or  corporall  punishement  as  the  pi'ticuler  Court  shall 
judge  meet  to  inflict  in  such  case. 


OFCONNECTICUT.  79 

For  the  better  furnisheing  the  Riuer  w^h  Cordage  towards 
the  rigging  of  Shipps,  It  is  Ordered,  that  what  hempseed  any 
pi'son  hath  w^hin  these  hbertyes,  that  they  shall  ether  sowe  yt 
themselves,  or  sell  yt  to  some  others  wt^^in  the  Riuer  that  may 
sowe  the  same. 

The  late  Rate  graunted,  of  50Z.  is  to  be  made  vp  a  100/. 
and  to  be  p^'portioned  vppon  the  three  Townes  according  to  the 
former  Rate,  w^h  may  be  paid  in  sumer  Wheat  at  4s.  4d.  the 
bushi,  Rye  at  3s.  vie?,  Pease  at  3s.  vie?,  Indean  at  2s.  \iijd> 
pi'uided  yt  be  Marchantable  Corne,  and  the  Constables  of  ech 
Towne  are  Ordered  to  receaue  no  other  but  at  such  vnder 
Rate  as  they  shall  esteeme  yt  at,  or  in  wampu  at  6  a  penny. 

The  former  Order  of  Indean  at  2s.  vie?,  the  bush^  is  repealed, 
and  the  seu^all  sorts  of  Corne  before  mentioned  are  made  pay- 
able, vppon  the  pryses  herein  specified,  for  any  labour  or  hyer 
of  men  or  cattle,  hereafter  to  be  done. 

The  size  of  Pipestaues  is  to  be  4  foote  vi  inches  in  length, 
the  breadth  and  thicknes  according  to  the  former  Order. 

It  is  Ordered,  that  noe  man  wthin  this  Jurisdiction  shall  di- 
rectly or  indirectly  amend,  repaire,  or  cause  to  be  amended  or 
repaired,  any  gun,  smale  or  greate,  belonging  to  any  Indean, 
nor  shall  endeuor  the  same,  nor  shall  sell  or  giue  to  any  Indean, 
directly  or  indirectly,  any  such  gun  or  gunpowder,  or  shott,  or 
lead,  or  mould,  or  millitary  weapons,  or  armor,  nor  shall  make 
any  arrowe  heads,  vppon  payne  of  ten  pownd  fyne  for  euery 
offence  at  lest,  nor  sell  nor  barter  any  guns,  powder,  bullitts  or 
lead,  wherby  this  Order  might  be  evaded,  to  any  pi'son  inhabit- 
ing out  of  this  Jurisdiction,  w^^out  lycence  of  this  or  the  p^tic- 
uler  Court,  or  som  two  Magistrats,  vppon  payne  of  ten  pownd 
for  every  gun,  fine  pownd  for  eu^y  pownd  of  powder,  40s.  for 
euery  pownd  of  bullitts  or  lead,  and  so  pfportionably  for  any 
greater  or  lesser  quantity. 

Mr.  Whiteing  &  Capten  Mason  are  desiered  to  take  Order  to 
demaund  the  Tribuit  due  fro  Long  Hand  and  the  Indeans  vppon 
the  mayne,  and  w*  they  can  receaue  may  be  accoumpted 
towards  that  w<=h  is  due  to  the  fro  the  Country.  Mr.  Whiteing 
is  contente  to  accepte  of  the  Corne  at  Mohegen,  and  to  dis- 
chardge  the  prises  of  the  two  cloathes,  pi'uided  he  be  abated  by 


80  PUBLICRECORDS 

the  Country  for  so  much  of  yt  as  was  sould  &  not  traded  for 
Corne  ;  and  if  any  cloath  be  lefte,  yts  at  his  dispose. 

The  Gour,  Mr.  Heynes,  Mr.  Hopkins,  Mr.  Whiting,  Capten 
Mason,  Mr.  Chester,  Mr.  Hill  and  Mr.  Trott  are  desiered  to 
take  the  accoumpt  of  what  the  seuerall  Townes  will  disburse 
toward  the  building  of  a  Shippe,  (and  if  they  find  yt  phesable,) 
they  haue  power  to  agree  w^h  workemen  to  carry  on  the  worke 
and  to  take  ingadgements  of  the  Country  to  prforme  what  they 
vndertake,  and  to  doe  all  things  requisit  for  the  full  accomplishe- 
ing  of  the  worke. 

The  Gour,  Mr.  Heynes,  Mr.  Hopkins,  Mr.  Welles  &  Mr. 
Phelps  are  desiered  to  consider  w^^  the  Elders,  conserneing  the 
the  synns  of  Curseing  father  or  mother,  Incorigiblenes,  Rau- 
ishement,  Contempt  of  Ordinances,  Lying,  and  Brech  of  pi'mise, 
and  to  make  some  lawes  ag*  the  &  p^sent  the  to  the  next  Gen- 
erall  Courte. 


[91]  DEce.  18:  1642. 

It  is  Ordered  that  no  man  wthin  this  Jurisdictn  shall,  directly 
or  indirectly,  amend,  repaire,  or  cause  to  be  amended  or  re- 
paired, any  gun  smale  or  greate,  belonging  to  any  Indean,  nor 
shall  indeavor  the  same,  nor  shall  sell  nor  giue  to  any  Indean, 
directly  nor  indirectly,  any  such  gun,  or  any  gunpowder  or 
shott  or  lead  or  shott  mould,  or  any  millitary  wepons,  armor  or 
arrowe  heads,  nor  sell  nor  barter  any  such,  vppon  payne  of  ten 
pownd  fyne  for  euery  offence  att  lest,  and  the  Court  shall  haue 
power  to  encrese  the  fine  or  to  impose  corporall  punishement 
where  a  fyne  cannot  be  had,  at  their  discretion. 

Whereas  yt  appeares  that  notw^i^standing  the  former  lawes 
made  ag*  selling  guns  &  powder  to  Indeans,  they  are  yet  sup- 
plyed  by  indirect  meanes,  It  is  thereof  Ordered,  that  if  any 
p'"son,  after  publicatfi  of  this  Order,  shall  sell,  barter  or  trans- 
porte  any  guns,  powder,  bullitts  or  lead,  to  any  p^son  inhabit- 
ing out  of  this  Jurisdic"  w^^out  lycense  of  this  Court,  or  fro  some 
two  Magistrats,  he  shall  forfeit  for  eu^y  gun  ten  pownd,  for 
euery  pownd  of  gun  powder  5/.  &  for  eu^y  pownd  of  bullitts 
or  lead  40s.  &  so  p''portionably  for  any  greater  or  lesser  quan- 
tity. 


ofconnecticut.  81 

[94]    The  P'tic-  Court,  the  27*^  of  January,  1642. 
George  Willis  Esq',  Goxi^. 

Jo:    Heynes  Esq'  Ed:  Hop:  Esqr,  Mr.  Phelps,  Mr. 
Webster,  Mr.  Whiting,  Cap  :  Mason,  Mr.  Welles. 
The  Jury* 

It  is  Ordered,  that  the  pn^  Court  shall  be  held  the  first  Thurs- 
day in  these  seu^'all  months ;  March,  June,  Sep.,  Decebr. 

The  will  and  Inuentory  of  Richard  Lyman  decessed  is 
brought  into  the  Court.  John  Moody  maks  Oath  that  yt  is 
the  last  will  of  the  said  Rich :  and  also  the  noate  then  brought 
in  is  the  note  of  the  Widdow  Lyman  decesed.  The  seuerall 
p'tyes  pi'sent  at  the  p^senting  the  said  will,  agree  that  John 
Lyman,  if  he  Hue,  will  be  22  yere  ould  in  Septe.  1645,  Robert 
Lyman  22  in  Septe.  1651. 


The  P^tiC  Court,  the  2^  of  March,  1642. 
The  Jury  : — Bray  Rocester,  Nath  :  Waird,  Jo  :  Barnard, 
Ed  :  Sebbing,  John  Demon,  Jo  :  Olester,  Will'  Palmer, 
John  Stedder,  Tho:    Stought",  Tho:  Dewye,   Joseph 
■  LuiTiis,  Walter  Fyler. 
In  the  Ac.  of  Henry  Woolcott  pi.  agt  Tho:  Spenser defen*, 
the  Jury  find  for  the  pi.  damages  vid.  &  Costs  of  Court. 

In  the  ac.  of  Math  :  Beckwytt  pi.  agt  Math  :  Allen  deft,  the 
Jury  find  for  the  pi.  damages  viijs.  &  chardges  of  Court.  Ex- 
ecutn  graunted. 

In  the  ac.  of  Elias  Putma  pi.  agt  Ed  :  Vere  def*,  the  Jury 
find  for  the  pi.  dainages  xviij5.  &  Costs  of  Court. 

Tho  :  Hurlbut  for  exacting  and  incouridging  others  to  take 
excessiue  Rats  for  worke  and  ware,  is  adiudged  to  pay  to  the 
Country  40s. 

Tho :  Ford  is  to  glue  notice  to  the  Wyddow  Hudgison  to 
answer  Mr.  Rocester  his  sute,  the  first  Thursday  in  Aprill  next^ 
at  w^h  tyme  though  he  should  rec.  no  answer,  he  is  to  answer 
to  the  sute  himselfe. 


*  The  names  of  the  jurors  are  not  recorded. 


/  lA^^Z^ 


82  PUBLICRECORDS 

The  creditors  of  Tho :  Marshfield  are  to  repaire  to  the  Court 
to  haue  their  sute  tryed,  the  first  Thursday  in  June. 

Will'  Rescue  is  to  take  into  his  Custody  James  Hullett,  Tho  : 
Gybbert,  Lidea  Blisse  &  George  Gybbs,  and  to  keepe  the  in 
giues*  &  giue  the  course  dyet,  hard  worke,  sharpe  correction. 

The  ac.  of  Jospf  Raulding  pi.  agt  Tho :  Hurlbut  is  w^hdrawen 
by  consent,  and  the  chardges  of  the  Court  to  be  paid  betwixt 
the. 

John  Tynker  pi.  as  assigne  to  Henry  Webb,  ag*  Tho  : 
Marshfield  defS  in  an  ac.  of  the  Case  to  the  damage  of  ll. 

In  the  ac.  of  Ed:  Elmor  pi.  ag*  Tho:  Bailis  deft,  the  Jury 
find  for  the  pi.  damages  35s.  and  Costs  of  Court. 


[96]  March  the  2T^,  1643. 

George  Willis  Esq',  Gou)". 

Jo :  Heines  Esq^  Ed :  Hopkins  Esq',  Mr.  Webster,  Mr. 
Welles,  Mr.  Phelps,  Capten  Mason. 
[Deputyes ;] — Mr.  Steele,  Mr.  Tailcoat,  Mr.  Westwood, 
Andr:    Bacon,   Mr.   Swaine,  Mr.  Plum,    Mr.  Chaplin, 
Robert  Rose,  Mr.  Hill,  Mr.  Hull,  Will'  Gailard,  Henry 
Clarke. 
Mr.  Heines  and  Mr.  Hopkins  are  desiered  to  goe  into  the 
Bay  to  pi'secute  the  combination  betwixt  the  and  vs  and  New 
Hauen,  w^h  full  power  if  they  haue  opi'tunity  to  conclud  the 
same,  and  in  case  that  should  fayle,  they  are  desiered  to  treat 
and  conclud  of  a  Vnion  w^h  them,  researueing  the  priuilidges 
we  haue  in  o'  fundamental!  lawes. 

The  Court  consenteth  that  the  former  answer  shall  be  re- 
turned to  the  pi'positions  made  by  the  Lords,  the  p'ticulers  at 
p'sent  not  coining  to  vewe,  and  if  yt  please  Mr.  Fenwicke  to 
joyne  w^h  the  Plantations,  it  shall  not  infring  any  of  his  priui- 
lidges Wh  belong  to  him. 

The  Court  graunteth  Mr.  Heynes,  a  thousand  acres  of  land 
about  Pequoit  country,  pi^uided  it  be  vewed  that  it  hinder  not  a 
plantation. 

*  gyves. 


OF     CONNECTICUT.  83 

That  p'te  of  the  Order  concerneing  recording  of  bargens  and 
moi'gages  of  land  (made  the  1 1  of  October,)  was  now  by  gen- 
eral! consent  ordered  &  agreed  to  be  in  these  words,  That  noe 
bargaine  or  morgage  of  land  whatsoeuer  shall  be  of  any  value 
vntill  the  same  be  recorded. 

It  is  Ordered,  that  Frances  Stiles,  for  his  forceble  resistance 
of  the  Officer  of  the  Court  vppon  the  execution  of  his  office,  is 
fyned  to  pay  to  the  Country  fifty  pownd. 

Mr.  Plum  &  Mr.  Swaine  are  nominated  to  stand  in  election 
for  Magestrats. 

Its  the  judgment  of  the  Courte  that  the  Dutchmens  hoggs 
should  be  liable  to  the  same  orders  as  the  Towne  hoggs,  where 
they  trespasse. 

The  decons  of  Wyndsorare  appoynted  to  supply  the  searuice 
that  the  decons  of  Roxberry  were  to  pi'forme,  conserneing  the 
distribution  of  the  seuerall  portions  of  Mr.  Stoughtons  children, 
and  his  wiues,  if  the  said  decons  of  Roxberry  refuse  to  doe  yt. 


[99]     Aprill  ye  6^^,   (1643.)     The  PtTicuLER  Court. 
George  Willis  Esq"",  Governour. 

Mr.  Whiting,  Mr.  Phelps,  Captaine  Mason,  Mr.  Webster. 
The  Jury : — Jo:  White,  Wm.  Gibbings,  Mr.  Alcocke,  Jo  : 
Porter,  Tho  :  Thornton,  Walter  Filer,  Benedict  Afford, 
Leo:  Chester,  Jo:  Edwards,  Tho:  Trott  (?)  Jo:  Elsey, 
Nat:  Ely. 
Lisley  Bratfield  pi*  in  an  actioii  of  trespas  agt  Tho  :  Cole- 
man defend :  damages  5/. 

Bray  Rocester  pi*  in  an  action  of  debt  against  Tho  :  Ford, 
attur[ne3/]  to  Widow  Huchinson,  defend  :  vpon  a  Bill  of  240£. 
But  forasmuch  as  Tho:  Ford  before  this  Court  could  not  re- 
c[eiue]  instruction,  ye  tryall  is  deferd  till  next  Court. 

Jo :  Stoder  pi*  in  an  act"  of  trespas  against  Jo  :  Plum,  de- 
fend*,  damage  xxs.  The  action  betwene  Jo :  Stoder  &  Jo : 
Plum  is  by  consent  w^^drawen,  &  referred  fully  to  be  issued 
by  Jo:  White  &  Wm.  Gibbings.  Y^  charges  of  ye  Court  is 
equally  to  be  payd  betwene  ye  p'"t[yes.] 


84  PUBLICRECORDS 

An  attachm*  graunted  to  Rob'te  Parke  for  fiue  pownds  ten 
shillings  two  pence,  in  y^  hands  of  Anthony  Wilson  of  Vn- 
cawa. 

In  ye  action  betwene  Lisley  Bratfield  pi*,  &.  Tho  :  Coleman 
defend  :  y^  Jury  doe  find  for  plS  21.  xs.  damage,  &  y^  cost  of  y^ 
Court  &  for  witnesses  xiij5, 

Aron  Starke  is  ajudged  to  be  whiped  at  Winsor  to  morrow, 
&  then  to  serve  Capten  Mason  during  y^  pleasure  of  y^  Court. 

James  Hallet  is  to  returne  fro  y^  Correction  house  to  his 

master  *Barclet,  who  is  to  keepe  him  to  hard  labor 

&  course  dyet,  during  ye  pleasure  of  y^  Court,  pi^vided  that 

Barclet  is  first  to  remove  his  daughter  fro  his  family 

before  the  sayd  James  enter  therein. f 


[102]     The  Court  of  Election  held  the  IS^ii  of  Aprill, 

1643. 

John  Heynes  Esq*",  Gou"^. 
Ed  :  Hopkins  Esq,  Deputy. 
George  Willis  Esq^  Roger  Ludlowe  Esq^,  Mr.  Webster, 
Mr.  Whiting,   Tres\,  Mr.  Welles,  Sec\,  Capten  Mason, 
Mr.  Woolcott,  Mr.  Swaine. 
[Deputyes :]    Mr.  Steele,  Mr.   Talcoat,  Mr.  Westwood, 
Andrewe  Bacon,  Mr.  Chaplin,  Rob'te  Rose,  John  Rob- 
ins,   John    Edwards,    Mr.    Hull,    Will'  Gaylard,  Mr. 
Stoughton,  Mr.  Rocester,  Henry  Gray. 
Whereas,  in    regard   of  the  diu''sity  of  mens   judgements 
amongst  Jurors,  yt  falls  out  diu's  tymes  that  no  verdict  is  giuen 
in,  or  else  w^h  great  diificulty ;  Wherefore  yt  is  thought  meet 
and  so  Ordered,  that  the  Jurors  would  w^h  all  dilligence  attend 
the  issue  and  evidence  of  the  Cause  before  the,  to  w^h  they  are 
sworne,  and  if  in  that  case  they  cannot  agree  after  all  reasons 
disputed,  but  some  remayne  vnsatisfied,  their  reasons  are  to  be 
tendered  to  the  Court,  and  to  be  answered,  and  then  they  are 

*  Blank  in  the  original. 

tXhe  record  of  this  session  is  not  in  the  handwriting  of  the  Secretary,  Mr.  Welles,  who,  (as 
will  be  Been  hy  referring  to  the  names  of  the  Magistrates,)  was  not  present. 


OFCONNECTICUT.  85 

to  consult  togather  agayne,  and  if  as  yet  any  cannot  bring 
their  judgments  to  joyne  w^^  their  fellowes  in  a  joynt  verdict, 
the  greater  pi'te  shall  giue  yt  in  by  their  voate,  and  yt  shall  be 
deemed  to  all  intents  and  purposes  a  sufficient  and  full  verdict, 
vppon  w^h  judgement  may  be  entered  and  execution  and  other 
p^ceedings  to  be  had  therein,  as  though  they  had  all  agreed  ; 
p^uided  also,  that  if  yt  fall  out  the  case  be  so  difficult  that  the 
Jury  are  equally  diuided  sixe  [to]  sixe,  the  Jurors  are  to  tender 
yt  to  the  Court,  w^h  their  reasons,  and  a  spetiall  verdict  is  to 
be  drawen  thereuppon ;  and  then  the  Court  are  to  appoynt  a 
tyme  to  argue  the  same,  and  the  voate  or  greater  nuber  of 
Magistrats  are  to  carry  the  same,  and  judgement  to  be  entered 
thereuppon,  and  execution  and  other  p^ceedings  as  in  case  of 
a  verdict  by  a  Jury. 

Whereas,  we  find  by  experience  that  there  followes  great  in- 
conueniences  in  regard  diuers  are  suddenly  cauled  to  answer 
sutes  in  the  Pi'ticuler  Court,  wt^out  tymely  notice,  and  so 
many  tymes  the  most  harmeles  are  soonest  overtaken.  For  the 
p''uention  whereof,  It  is  Ordered,  that  fro  henceforth  all  p'sses* 
that  yssue  forth  shall  be  returnable  one  full  weeke  before  euery 
p^ticuler  Court,  at  wch  tyme  the  pl^^  or  pl^^  shall,  is  or  are  to 
bring  in  their  plea  or  declaration  to  the  Secretary,  where  the 
defen*  or  defendants  are  to  repaire  and  take  a  coppy,  and  w^hin 
three  dayes  to  deliuer  in  his  or  their  answer  or  answers,  that 
men  may  be  pi'pared  to  come  to  judgment ;  and  if  yt  fall  out 
the  pi*  or  pits  fayle  of  putting  in  his  or  their  declaration  or 
declarations  according  as  aforesaid,  the  sute  to  surcesse  and 
the  defend*  or  defend^s  not  bownd  to  pi'ceed  w^^out  a  new 
suinons,  and  if  the  def*  or  defence  fayle  on  his  or  their  p'ts  ac- 
cording to  the  true  intent  of  this  Order,  the  pi*  or  pl*^  may 
pi'ceed  vppon  his  or  their  declaration  or  declarations,  and  the 
def*  or  defend* s  ar  likewise  subiect  to  a  fyne  of  the  Court  for 
any  misdemeanor  thei'ein.  These  Orders  to  stand  vntill  the 
next  generall  Court. 

The  Clarkes  of  ech  Towne  that  are  appoynted  to  size  the 
waights  and  measures  are  Ordered  to  bring  in  the  standards  of 
boath  fro  the  seuerall  Townes  to  the  next  p^ticuler  Court,  there 
to  be  compared  togather  and  made  equall.     John  Banks  is  re- 

*  processes. 


86  PUBLICRECORDS 

turned  Clarke  to  size  the  waights  and  measures  for  Wyndsor, 
&  Fraunces  Norton  for  Wethersfield. 

[103]  It  is  Ordered,  that  one  or  two  of  the  Magistrats  shall  be 
sent  to  Stratford  and  Vncoway,  to  joyne  w*''  Mr.  Ludlowe  for 
the  execution  of  Justice,  twice  this  yeare,  viz*,  the  last  Thurs- 
day in  April!  and  the  last  in  September. 

Capten  Mason  and  Mr.  Welles  are  appoynted  for  the  last  in 
Aprill. 

It  is  Ordered,  that  euery  Towne  vppon  the  Riuer  shall  pi'uide 
one  man  in  ech  Towne  to  doe  execution  vppon  delinquents,  by 
whipping  or  other  correction  as  they  shall  be  thereunto  cauled 
by  Order  fro  the  Magistrats. 

It  is  Ordered,  that  good  Rialls  of  |  and  Reix  Dollers  shall 
passe  betwixt  man  &;  man  att  fiue  shillings  a  peece,  in  all  pay- 
ments, the  debts  being  made  after  the  publisheing  of  this  Order. 

It  is  Ordered,  that  Mr.  Ludlowe  shall  be  moderator  the  next 
p'ticuler  Court,  if  he  be  p^sent,  or  in  his  absence  and  the  ab- 
sence of  the  Goui".  &  Deputy,  the  eldest  Magistrat,  p^uided  the 
Court  consist  of  fiue  Magistrats  w^h  the  Moderator. 

The  Gor,  the  Deputy,  Mr.  Willis,  Mr.  Ludlow,  Capten  Ma- 
son, Mr.  Webster,  Mr.  Whiting  and  Mr.  Rocester  are  desiered 
to  debate  w^h  Mr.  Huit  conserneing  Mr.  Styles  his  petition  and 
other  ofFensiue  cariedges,  and  if  they  receaue  not  satisfaction 
to  returne  their  report  to  the  next  Generall  Court.  They  may 
also  take  such  other  helpe  as  they  shall  see  cause. 

The  opinion  of  the  Comittee  to  who  the  consideration  of  the 
petition  of  our  neighbours  of  Wethersfield  was  comitted,  was 
now  returned  to  the  Court,  and  for  p^sent  aproued  of,  and 
ordered  that  one  coppy  thereof  be  sent  to  Mr.  Smith  and  another 
be  giuen  to  the  mebers  of  the  Court  for  the  Towne,  and  the 
said  Comittee  are  desiered  by  the  Court  to  receaue  Mr.  Smiths 
answer,  and  in  case  they  find  him  vnsatisfied  in  the  aduise 
giuen,  they  are  desiered  to  take  such  an  indiflferent  course  that 
the  true  state  of  the  question  may  be  p^pownded,  and  the  ad- 
uise of  Elders  here  and  elsewhere  taken  vppon  the  same,  that 
accordingly  an  issue  may  be  put  thereto. 

The  Court  is  adioyrned  vntill  the  first  Wendsday  in  July. 


OFCONNECTICUT.  87 

The  Coppy  of  the  opinion  of  the  Comittee  vppon  the  Peti- 
tion of  those  of  Wethersfield. 
The  Petition  of  those  of  Wethersfield  hath  bine  taken  into 
sadde  and  serious  consideration,  and  we  doe  find  the  distance 
&  differences  to  be  exceeding  great,  and  some  of  the  such  as 
will  necessarily  require  publique  examinatio  and  censure,  so 
that  till  then  we  cannot  expresse  o''  judgments  conserneing 
pi'ticulei's:  We  find  also  that  many  of  those  who  put  vp  their 
names  for  remoueall  were  not  induced  thereunto  by  any  dislike, 
or  ingadgement  they  haue  in  the  pi'sent  quarrells,  but  for  want 
of  lotts  and  other  considerations  :  Yet  vppon  the  vew  of  the 
generall,  conceaueing  yt  will  be  disaduantagious  to  the  pub- 
lique &  vncomfortable  if  not  distructiue  to  themselues  that  so 
many  as  are  interested  in  the  pi^sent  differences  should  remoue, 
and  vppon  other  considerations,  we  are  of  opinion  that  the  best 
way  for  recouering  and  prsearueing  the  publique  peace  is  that 
Mr.  Smith  lay  downe  his  place,  if  yt  may  be  done  according  to 
God. 


[104]     The  PrTicuLER  Court,  the  first  of  June,  1643. 

Roger  Ludlowe  Esqi",  Moderator. 

George   Willis  Esq^,  Mr.  Webster,  Mr.  Whiteing,  Mr. 
Welles,  Capten  Mason,  Mr.  Swaine,  Mr.  Woolcotte. 
\_The  Jury  :'\ — Mr.   Parke,  Mr.   Stoughton,  John  Bissell, 
Henry  Woolcotte,  Aron  Cooke,  Roger  Willms,  Nath: 
Foote,  John  Westoll,  Tho:  Standly,  Joseph  Maggott, 
George  Steele,  Tho:  Scotte. 
In  the  ac.  of  Will'  Gailard,  as  Attorny  for  Nath.  Patten,  pit, 
against    Tho:  Marshfield,  defend  the  Jury   find   for   the   pi*, 
damages,  20/. 

In  the  ac.  of  Math:  Allen,  as  Attorny  for  Tho:  Allen,  pi*, 
agt  Tho;  Marshfield  deft,  the  Jury  find  for  the  plS  damages, 
21.  16s. 

In  the  ac.  of  Mr.  Woolcott,  as  Attorny  for  Henry  Webb 
pi',  ag'  Tho:  Marshfield  defS  the  Jury  find  for  the  plS  dama- 
ges, 5/.  7s. 


88  PUBLICRECORDS 

In  the  ac.  of  Henry  Woolcott  pi*  ag*  Tho  :  Marshfield  def*, 
the  Jury  find  for  the  pi*,  damages,  195. 

In  the  ac.  of  Mr.  Woolcott,  for  Mr.  Branker  plS  ag*  Tho: 
Marshfield  defenS  the  Jury  find  for  the  pi*,  damages,  155. 

In  the  ac.  of  Will'  Hill,  for  Lawrance  EUison  pi*,  agt  Tho: 
Marshfield  dei^,  the  Jury  find  for  the  pi*,  damages,  4/. 

In  the  ac.  of  Mr.  Will'  Whiting  plS  against  Tho:  Marshfield 
deft,  the  Jury  find  for  the  pi*,  damages,  xxvU. 

In  the  ac.  of  debt  vppon  a  bill  of  exchainge,  by  Mr .  Will' 
Whiting  pis  agt  Tho:  Marshfield  deft,  the  Jury  find  for  the 
pit,  damages,  20/.  10s. 

In  the  ac.  of  Will'  Torrey  pit,  agt  Tho:  Marshefield  defent^ 
the  Jury  find  for  the  pit,  damages,  182/.  vis.  9d. 

In  the  ac.  of  Richard  Trott  pit,  agt  Tho:  Marshfield  defen*, 
the  Jury  find  for  the  pit,  damages,  xviZ.  13s.  vie?. 

In  the  ac.  of  Bray  Rocesterplt,  agt  Wyddow  Hudgison  deft, 
as  executrixe  to  Will'  Hudgison  deceased ;  Tho:  Ford  ap- 
pearing to  the  sute,  the  Jury  find  for  the  pit,  damages,  23/. 
The  Court  graunteth  execution  to  the  pit  vppon  the  goods  of 
the  defent. 

[105]     Willm  Turrey  pit,  agt  Nath  :  Willet  &  Elizabeth  Wil- 
let  deft3,  in  an  ac.  of  debt. 

John  Robins  pit,  agt  Richard  Belden  &  Nath  :  Woodroofe 
defents,  in  an  ac.  of  the  Case. 

Will'  Whiting 


[106]       June  the  15tii,  1643.     [A  Pr'ncuLER  Court.] 

John  Heynes  Esqs  Gou'. 
Ed:  Hopkins  Esq"^,  Dep. 

George  Willis  EsqS    Mr.   Welles,   Mr.   Webster,  Mr. 
Whiting,  Capten  Mason,  Mr.  Swayne,  Mr.  Woolcott. 
The  Jury : — Mr.  Chester,  Rich:    Webb,  Rich:  Goodman, 
Will'  Gybbins,  Rich:   Butler,  Tho:  Ford,  John  Porter, 
John  Drake,  Robert  Howard,  Nath:  Dickinson,  Josias 
Churchill,  John  Demon,  (Mr.  Trotte.) 
In  the  ac.  of  Battery  and  Trespasse  of  Tho:  Waynewright 
pit,  agt  his  blaster,  Mr.  Henry  Smith  deft,  the  Jury  find  for  the 
defent  Costs  of  the  Court. 


OFCONNECTICUT.  89 

In  the  ac.  of  Henry  Woolcotte  plS  as  Attorny  to  John 
Witchfield,  agt  Tho:  Marshfield  defS  the  Jury  find  for  the 
pit,  dam  :  30s. 

In  the  ac.  of  Henry  Woolcott  pi*,  as  Attorny  to  John  Brooke, 
agt  Tho:  Marshfield  deft,  the  Jury  find  for  the  pi*,  dam :  xi/. 

In  the  ac.  of  Nath:  Willet  &  Elizabeth  Willett  pi*,  agt 
Tho:  Marshfield  deft,  the  Jury  find  for  the  pit,  damages,  14/. 
lis.  2c?. 

In  the  ac.  of  Will'  Palmer  pit,  agt  Tho:  Marshfield  deft,  the 
Jury  find  for  the  pit,  damages,  viii/.  3s.  4. 

In  the  ac.  of  Henry  Woolcot  pit,  agt  Tho:  Marshfield  deft, 
the  Jury  find  for  the  pit,  damages,  4l.  3s.  4(1. 

In  the  ac.  of  Tho:  Forfl  pit,  agt  Tho:  Marshfield  deft,  the 
Jury  find  for  the  pit,  damages,  4/.  13s.  10c?. 

In  the  ac.  of  Henry  Woolcott  &  Nath:  Willet  pit,  agt  Tho: 
Marshfield  deft,  the  Jury  find  for  the  pit,  damages,  viiZ. 

Mr.  Eldridge  pit,  agt  Tho:  Marshfield  in  an  ac.  of  debt  to 
the  damage  of  13/. 

Benedict  Aluer  pit,  agt  Tho:  Marshfield  deft,  i^^  an  ac.  of 
*  to  the  damage  of  10/. 

Will'  Hubbert  pit,  agt  Tho:  Marshfield  deft,  in  an  ac.  of  the 
Case  to  the  damage  of  12/. 

Mr.  Woolcott  pit,  agt  Tho:  Marshfield  in  an  ac.  of  the  Case 
to  the  damage  of  39/.  15s. 

Mr.  Whiteing  pit,  as  Attorny  to  Henry  Bartlemewe,  agt 
Tho:  Marshfield  deft,  in  an  ac.  of  the  Case  to  the  damage  of 
40/. 

Tho:  Ford  pit,  as  assigne  Edward  Smith,  agt  Tho:  Marsh- 
field defent,  in  an  ac.  of  debt  to  the  damage  of  30/.  13s.  4a?. 


[107]  June  the  16th,  1643. 

Henry  Woolcott  &  Tho:  Ford  are  Ordered  to  bring  vnto 
the  Gouernour  a  p''ticuler  of  the  Estate  of  Tho  :  Marshfield,  as 
yt  consists  in  land,  goods  or  debts,  and  that  they  doe  yt  wt^in 
on  weeke  ;  &  Mr.  Whiting,  Mr.  Hull  and  Will'  Gaylard  are  to 

*  Blank  in  the  original. 


90  PUBLICRECORDS 

price  the  p^ticulers,  and  to  make  an  equall  diuision  thereof 
amongst  the  creditors,  and  that  pi'portion  w^h  is  to  be  seques- 
tred  for  debts  oweing  by  the  s*!  Marshfield  and  yet  vnproued, 
are  to  be  lefte  w^h  Henry  Woolcott,  who  must  accoumpt  for 
the  same.  And  the  creditors  are  to  be  accoumptable  for  to 
returne  such  a  p^portion  of  what  they  shall  receaue  as  shall 
appeare  to  belong  to  such  Creditors  fro  old  Ingland  as  may 
challing  and  make  p^'ufe  of  any  just  debts  fro  the  said  Marshfield, 
pruided  they  appeare  w^^in  14  months ;  to  w^h  the  Creditors 
consent. 


[108]  July  the  5th/ 1643. 

John  Heynes  Esq"^,  Gou"^. 
Ed:  Hopkins,  Esq^,  Dep : 
Roger  Ludlowe  Esq',  George  Willis  Esq,  Mr.  Webster, 
Mr.  Welles,  Mr.  Whiting,  Mr.  Swayne. 
[Deputyes :] — Mr.   Taylcott,  Andrew  Bacon,  Mr.  Chap- 
line,  Robert  Rose,  John  Edwards,   John  Robins,  Mr. 
Rocester. 
Those  of  Wethersfield  who  conceaue  theselues  to  be  vnder 
some  wronge  in  caring  of  Church  and  Towne  occations,  they 
are  ordered  to  gather  vp  the  pi'ticuler  greiuences  or  wrongs  and 
p^sent  them  w^^  their  names  to  the  Gou""  &  Deputy,  wt^in 
three  weekes,  who  are  desiered  to  send  a  coppy  thereof  to  Mr, 
Smith,  who  is  to  returne  his  answer  w^^in  three  weeks,  that 
the  differences  may  be  ripened  ag^  the  Court  in  Septeber,  and 
a  finall  end  put  thereunto. 

Mr.  Hopkins  is  desiered  to  pi^forme  the  searuice  to  be  one* 

*  At  the  first  meeting  of  the  Commissioners  of  the  United  Colonies,  in  September  following, 
"  an  order  from  the  Generall  Court  of  Connectacutt  was  presented  and  read,  dated  at  Hartford, 
the  fifth  of  July  last,  by  which  it  appears  George  Fenwicke  Esq.  and  Mr.  Edward  Hopkins  were 
chosen  Commissioners  for  that  Jurisdiction."     (Rec.  of  U.  Colonies.) 

The  name  of  Mr.  Fenwick  does  not  appear  in  the  record  of  the  General  Court ; — but  the 
appointment  of  Mr  Hopkins  as  "  one  of  the  Committee"  seems  to  imply  the  recognition 
of  Mr.  F.  as  his  associate.  The  latter  represented  the  'Lords  and  gentlemen,'  his  fellow  propri- 
etors under  the  Earl  of  Warwick's  Patent ;  as  whose  agent  he  maintained  the  Fort  and  plantation 
at  Saybrook  and  claimed  the  jurisdiction  of  the  lands  upon  the  Connecticut.  The  agreement 
between  Mr.  F.  and  the  General  Court,  by  which  Saybrook  was  ceded  to  Connecticut  was  not 
executed  until  December,  1644. 


OF      CONNECTICUT,  91 

of  the  Comittee  for  this  Riuer,  to  goe  to  the  Bay  to  agitate  the 
businesses  of  the  Combination,  according  to  the  agreement  be- 
twixt the  vnited  Colonyes,  the  first  Thursday  in  Septem.,  if  his 
shippe  occations  be  then  ouer,  otherwise  the  Gour  is  desiered 
to  supply  the  place,  and  to  treate  and  conclude  touching  ap- 
peales  in  such  Cases  as  shall  be  by  the  Comission''s  judged  ne- 
cessary. 

Whereas  there  hath  bine  great  neglect  by  the  plant[ations]  in 
not  pi'uiding  powder  according  to  order  of  Court,  It  is  now 
Ordered,  that  if  the  seuerall  Townes  shall  not  p^uide  their  seui^all 
quantityes,  according  to  former  Order,  by  the  Court  in  Septe., 
all  the  former  forfetures  shall  be  leuyed  vppon  the  w^hout  delay. 
It  is  Ordered,  that  there  shall  be  liberty  for  a  Markett  to  be 
held  att  Hartford  weekely,  euery  Wensday,  for  all  manner  of 
comodityes  that  shall  be  brought  in,  and  for  cattell,  or  any  mar- 
chandise  w^^soeuer. 

Mr.  Webster  and  Mr.  Whiting  are  desiered  by  the  Court  to 
answer  the  petition  conserneing  the  makeing  pitch  and  tarre. 

It  is  Ordered,  that  Mr.  Huit  and  Mr.  Styles  shall  be  cauled 
to  the  next  generall  Courte,  to  answer  for  their  miscaridge  in 
their  petition  formerly  giuen  into  Courte. 

It  is  Ordered,  that  ech  Towne  chuse  two  surueyors  yerely, 
to  looke  to  the  highwayes,  who  shall  haue  liberty  to  call  out 
euery  Teeme  &  pi'son  fitt  for  labour,  in  their  course,  one  day 
euery  yeare,  to  mend  the  said  highwayes  wherein  they  are  to 
haue  a  spetiall  regard  to  those  Comon  wayes  w<=h  are  betwixt 
Towne  and  Towne.  The  chardge  hereof  is  lefte  to  the  pnicu- 
ler  Townes  for  the  p''sent,  to  be  ordered  according  to  their 
owne  rules,  &  in  case  any  surueyor  shall  not  attend  the  said 
searuice  by  cauleing  out  the  teemes  &  p^sons  aforesaid,  where 
need  is,  he  shall  forfeit  5s.  for  euery  offence. 
[109]  It  is  Ordered,  there  shall  be  a  Grand  Jury  of  12  p^sons 
warned  to  appeare  eu*"  Court  yerely  in  Septeber,  or  as  many  &c 
oft  as  the  Gouernc  or  Courte  shall  thinke  meet,  to  make  p''sent- 
ment  of  the  breches  of  any  lawes  or  orders,  or  any  other  mis- 
demeanors they  know  of  in  the  Jurisdiction. 

Mr.  Chaplin  shall  haue  a  coppy  of  the  creditors  &;  debtors  to 
Mr.  Oldoms  estate,  and  is  to  inquire  of  the  debtors  to  who  they 
haue  paid  &  to  make  returne  to  the  next  p^ticuler  Court. 


92  PUBLICRECORDS 

The  Tresurer  is  to  haue  a  noate  to  take  vppe  the  Fynes. 

Whereas,  the  p''spi'ity  and  well  being  of  Comon  weles  doth 
much  depend  vppon  the  well  gouerment  and  ordering  of  pi'ticu- 
ler  Familyes,  W^^  in  an  ordinary  way  cannot  be  expected  where 
the  rules  of  God  are  neglected  in  laying  the  foundation  of  a 
family  state ;  For  the  p^uention  therefore  of  such  evells  and 
inconueniences,  w^h  by  experience  are  found  not  only  to  be 
creepeing  in  but  practised  by  some  in  that  kynd,  It  is  Ordered, 
that  no  pi'son  whatsoeuer,  male  or  female,  not  being  at  his  or 
her  owne  dispose,  or  that  remayneth  vnder  the  gouerment  of 
parents,  masters  or  gardians  or  such  like,  shall  ether  make,  or 
giue  entertaynement  to  any  motion  or  sute  in  way  of  mariedge, 
wthout  the  knowledge  and  consent  of  those  they  stand  in  such 
relation  to,  vnder  the  seuere  censure  of  the  Courte,  in  case  of 
delinquency  not  attending  this  order  ;  nor  shall  any  third  p'son 
or  pi^sons  intermedle  in  makeing  any  motion  to  any  such  w^hout 
the  knowledge  and  consent  of  those  vnder  whose  gouerment 
they  are,  vnder  the  same  penalty. 

Mathew  Allen  pi*,  agt  Rich:  Fellowes  defS  in  an  ac.  of  the 
Case,  to  the  damage  of  20s.  The  said  Mathewe  Allen  acknow- 
ledgeth  himselfe  to  be  bownd  to  the  Cuntry  in  a  Recognizance 
of  10/.  to  pi'sent  the  said  Rich  :  Fellowes,  the  next  Court. 


[110]       SEPTesER  THE  4th,  1643.     [J.  P'-ticuler  Courte.'] 
John  Heynes  Esq^,  Gou^. 

Mr.  Welles,  Mr.  Webster,  Mr.  W.  Swayne,  Mr.  Woolcott. 

[The    Jury:]     Tho :    Ford,   Will'    Wodsworth,    Nath : 

Richards,  John  Hopkins,  Arther  Smith,   John  More, 

Will'    Heiton,    Josua   Carter,    Samuell    Smith,   Tho; 

Wright,  Samuell  Hale,  Andrew  Longdon. 

In  the  ac.  of  Math  :  Allen  plS  ag*  Rich  :  Fellowes  defend  the 

Jury  find  for  the  deft,  chardges  of  Court  &  Vmd.  for  powndage. 

In  the  ac.  of  Math:  Allen  pit,  agt   Nich:  &  Will'  Clarke 

defts,  the  Jury  find  for  the  pit,  damages  3/.  3s.  4c?.  &  costs  of 

Court  vij5. 

The  ac.  of  Math  :  Allen  pit,  agt   Tho :  Olcott  is  forborne 
vntill  the  next  Court. 


OPCONNECTICUT.  93 

In  the  ac.  of  John  Robins  plS  agt  Tho :  Holibut  defend  the 
Jury  find  for  the  pi*,  damages  255.  &  costs  of  Court. 

Tho :  Ford  pl't,  as  assigne  to  Edward  Smith,  agt  Tho : 
Marshfield  deft,  in  an  ac.  of  debt  to  the  dainage  of  30/.  135.  4c?. 

Roger  Ludlowe  Esqs  pit,  agt  Will'  Whiting  deft. 


SEPTeBER  THE  14t*i,  1643.     A  Generall  Courte. 
John  Heynes  Esq"",  Gou'. 

Mr.  Webster,  Mr.  Welles,  Capten  Mason,  Mr.  Swayne, 
Mr.  Woolcott. 
Mr.  Steele,  Mr.  Taylcote,  Mr.  Westwood,  Andrew  Bacon, 
Mr.  Hill,  Mr.  Stoughton,  Mr.  Hull,  Will'  Gaylard,  Mr. 
Chapline,  Mr.  Robins. 
The  Courte  is  adiorned  for  a  month. 


[112]  Septcber  the  15th,  1643. 

Jo;  Heynes  Esq"",  Gou"". 

Ed  :  Hopkins  Esq"",  Deputy. 
George  Willis  Esq^,  Mr.  Webster,  Mr.  Welles,  Mr.  Whi- 
ting, Capten  Mason,  Mr.  Swayne,  Mr.  Woolcott. 

[Deputies :]  Mr.  Steele,  Mr.  Talcott,  Mr.  Westwood,  An- 
drew Bacon,  Mr.  Hill,  Mr.  Hull,  Mr.  Stoughton,  Will' 
Gaylard,  Mr.  Chaplin,  Mr.  Robins,  James  Boosy,  Sam- 
uell  Smith. 

The  Grand  Jury.  Mr.  Phelps,  Jur;  Willia  Pantry,  Rich- 
ard Webb,  John  Pratt,  Nath  :  Waird,  John  White,  Mr. 
Trott,  Mr.  Parke,  Mr.  Chester,  Nath:  Foote,  Nath: 
Dickinson,  Tho :  Ford,  Mr.  Clarke,  Mr.  Porter,  Mr. 
Terry;  Jur. 
The  Court  adioyrned  for  a  month. 

October  the  12th,  1643. 

John  Sadler  was  to  be  warned  to  the  next  Generall  Court. 

Whereas  Mr.  Hopkins,  Mr.  Willis  &  Mr.  Whiting  have  pi'm- 
ised  to  vse  their  best  endeauors  to  p^uide  fower  barrells  of  pow- 
der, It  is  Ordered,  that  Wyndsor  shall  take  ofFe  two  barrells. 


94  PUBLICRECORDS  y 

Hartford  one  barrell  and  Wethersfield  one,  yf  yt  may  be  had, 
&  to  make  the  best  pay  the  Country  afords  to  sute  the  occa- 
tions  of  the  pnyes  that  p^uide  yt. 

It  is  ordered,  that  Wyndsor  shall  haue  for  the  p^sent  30/.  of 
powder  out  of  the  Comon  stocke,  w^h  they  are  to  restore  so 
soone  as  they  can  pi'uide. 

It  is  Ordered,  that  Mr.  Talcott  and  Andrewe  Bacon  are  to 
take  a  record  of  the  debts  of  the  Country  oweing  in  Hartford, 
Mr.  Woolcott  &  Mr.  Hill  for  Wyndsor,  James  Boosy  for  Weth- 
ersfield. 

Mr.  Whiteing  and  Capten  Mason  are  to  examine  whether 
the  Country  or  some  p^'ticuler  pi'son  are  to  dischardge  the  debt 
due  to  Roger  Anadowne. 

Mr.  Hopkins,  Mr.  Whiteing  and  Capten  Mason  are  to  pJ'sse 
eight  souldiers  w^h  suflicient  arms  and  pJ'uisions  to  be  sent  to 
Mohegen  to  defend  Vncas,*  and  to  doe  such  seruice  in  building 
or  otherwise  as  shall  be  thought  meet,  and  there  to  remayne  as 
the  said  comittee  shall  see  cause. 

It  is  ordered,  that  the  Gou'^nor  or  deputy,  or  any  two  Magis- 
trats,  vppon  any  sudden  occation  or  eminent  daynger  may 
presse  men  and  munition  for  a  defensiue  warre  or  to  garde  & 
defend  the  Country  in  their  necessary  occations  or  passage  fro 
Towne  to  Towne.  Also,  the  deputyes  in  the  seuJ'all  Townes 
are  desiered  to  call  their  p^^ticuler  Townes  togather,  to  take 
Order  w^^in  theselues  to  be  in  a  posture  of  defence  vppon  an 
alaru,  that  the  seu^uU  souldears  may  know  to  what  quarter  to 
resorte  and  where  to  stand  vppon  their  p^sent  defence. 

Richard  Lordf  for  his  miscariedge  in  draweing  his  sowrd 
and  vseing  thretening  speeches  in  contending  w^h  Tho :  Stan- 
tonf  about  tradeing  for  indean  corne,  is  fyned  to  pay  to  the 
Country  fiuef  pownd. 

*  The  Commissioners  of  the  United  Colonies  (who  were  at  this  time  in  session,  at  Boston,) 
having  decided  upon  dehvering  up  Miantonimo  to  be  murdered  by  liis  captor,  Uncas,  ("  that  so 
execution  may  be  done  according  to  justice  and  prudence,")  were  apprehensive  that  the  Narra- 
gansetts,  or  some  of  the  neighboring  tribes,  allied  with  or  tributary  to  the  Narragansett  Sachem, 
would  seek  to  revenge  his  death.  They  therefore  directed  that  measures  should  be  taken  to  pro. 
vide  for  the  defence  of  the  Colonies,  and  "that  Hartford  furnish  Vneas  with  a  competent 
strength  of  English  to  defend  him  against  any  present  fury  or  assault  of  the  Narragansetts  or  any 
other."     {Records  of  U.  Colonies.) 

t  The  names  of  Richard  Lord  and  Tho.  Stanton,  and  the  word  '  flue,'  have  been  partially  ob- 
literated, by  drawing  a  pen  across  them,  at  a  date  evidently  long  subsequent  to  that  of  the 
record. 


'  OF      CONNECTICUT.  95 

It  is  Ordered  that  there  shall  be  a  rate  of  forty  pownd  leuied, 
to  be  paid  to  Mr.  Fenwicke,  to  be  laid  out  for  the  repaireing 
the  Fort. 

For  the  avoyding  of  many  differences  and  quarrells  that  may 
arise  by  takeing  vppe  debts  of  Indeans,  It  is  Ordered,  that  who- 
soeuer,  after  the  publisheing  this  Order,  shall  sell  for  day,  or 
trust  any  Indean  or  Indeans  w^^  goods  or  coinodityes,  shall  for- 
feit to  the  Country  the  double  some  or  value  of  what  they  do 
betrust  them  w^^^all ;  and  that  no  man  shall  trade  w'^  them  at 
or  about  their  wygwams,  but  in  their  vessells  or  Pynnaces  or 
att  their  owne  bowses,  vnder  the  penalty  of  205.  ech  tyme. 

To  pf'uent  or  w^^stand  such  sudden  assaults  as  may  be  made 
by  Indeans  vppon  the  Sabboth  or  lecture  dayes.  It  is  Ordered, 
that  one  p»'son  in  euery  seuerall  howse  wherein  is  any  souldear 
or  souldears,  shall  bring  a  muskett,  pystoll  or  some  peece,  w'h 
powder  and  shott  to  ech  meeting,  excepte  some  on  Magistrate 
dispense  w^^  any  on,  and  appoynt  some  other  to  supply  his 
roome. 

Jacob  Waterhowse  doth  acknowledge  himselfe  bownd  in  a 
recognizance  ot  Fifty  pownd,  to  attend  the  next  Court  to  an- 
swer for  his  mysdemeanor  towards  the  Indeans. 

The  Court  is  adioyrned  vntill  Thursday  next. 


[113]      A  P^TicuLER  Court,  held  the  ix^^  of  No  :  1643. 

John  Heynes  Esq'',  Gou"^. 

Ed  :  Hopkins  Esq^,  Dep.^ 

Roger  Ludlowe  Esq^  George  Willis,  Mr.  Webster,  Mr. 
Welles,  Mr.  Whiteing,  Capten  Mason,  Mr.  Woolcott, 
Mr.  Swayne. 

The  Jury.  Mr.  Tailcott,  Tho  :  Osmore,  Ed  :  Stebbing, 
John  Barnard,  Arther  Williams,  Mathewe  Sension,  Tho: 
Dewey,  Tho  :  Orton,  Tho  :  VfToote,  Samuel  Hales,  Rich- 
ard Parke,  John  Demon. 

In  the  action  of  Nathaniell  Dickinson  pi*,  agt  John  Robins 
defent,  the  Jury  find  for  the  del ^     Costs  of  Court  vij5, 

In  the  ac.  of  Nathaniell  Eldredge  plS  agt  Tho :  Marshfield, 
the  Jury  find  for  the  pi*,  the  debt  and  costs  of  Court,  xZ. 


96  PUBLICRECORDS 

In  the  ac.  of  Tho :  Ford  plS  as  assigne  to  Ed :  Smith,  agt 
Tho :  Marshfield  deft,  the  Jury  find  for  the  plS  the  debt  &  costs 
of  Court.     The  debt,  30/.  135.  4.d. 

In  the  ac.  of  Math :  Allen  pi*  agt,  Tho :  Olcocke  deft,  the 
Jury  find  for  the  plS  damages  six  pownd,  fine  shillings,  and 
costs  of  Court. 

In  the  action  of  Roger  Ludlowe  Esq^  pi*,  against  Willia 
Whiteing  gent,  defend  the  Jury  find  for  the  plS  dainages  thirty- 
nyne  pownd,  and  costs  vij5. 

Willi'  Lewes  his  fyne  is  to  be  paid  at  these  seui^all  tymes, 
vizt.  5/.  the  20^11  of  March,  and  5/.  the  20^^  of  Septeber,  and  the 
other  xZ.  three  months  after. 


[114]  No:    xth,  1643.     A.  Generall  Court. 

John  Heynes  Esq"",  Gou"". 
Ed  :  Hopkins  EsqJ",  Dep. 

Roger  Ludlowe  Esq^,  George  Willis  Esq"",  Mr.  Webster, 
Mr.  Whiting,  Mr.  Welles,  Capten  Mason,  Mr.  Swayne, 
Mr.  Woolcott. 
Deputyes :     Mr.   Steele,  Mr.  Talcoate,   Mr.  Westwood, 
Andrewe  Bacon,  Mr.  Hill,   Mr.  Hull,  Mr.  Stoughton 
Will'  Gaylard,  Mr.  Chaplin,  Mr.  Robins,  Samuell  Smith, 
James  Boosy. 
Whereas  in  the  fundamentall  Order*  yt  is  said  (that  such 
who  haue  taken  the  Oath  of  fidellity  and  are  admitted  inhabit- 
ants) shall  be  alowed  as  quallified  for  chuseing  of  Deputyes, 
The  Court  declares  their  judgement,  that  such  only  shall  be 
counted   admitted  inhabitants,  who  are  admitted  by  a  generall 
voate  of  the  mayor  pi'te  of  the  Towne  that  receaueth  them. 

Whereas  y  t  is  obsearued  that  the  late  Order  for  on  in  a  Fam- 
ily to  bring  his  Arms  to  the  meeting  house  euery  Sabboth  and 
lecture  day,  hath  not  bine  attended  by  diuers  pi^sons ;  It  is  now 
Ordered,  that  whosoeuer  hereafter  shall  at  any  tyime  neglecte 
the  same,  shall  forfeit  xij^f.  for  euery  neglect,  whereof  vie?,  to  the 
prty  that  shall  informe  and  V\d,  to  the  Country. 

*  See  page  23.     [Or.   224.] 


OFCONNECTICUT.  97 

It  is  Ordered  that  all  the  souldears  in  the  severall  Tovvnes 
w^Hn  this  Jurisdiction  shall  be  trayned  sixe  dayes  yerely*  as 
they  shall  be  appoynted  by  the  Capten  or  other  officer,  Viz*, 
one  day  in  the  first  weeke  of  these  seuerall  months  here  men- 
tioned, Mai'ch,  April],  May,  Septeber,  October  &  Noueber;  and 
if  the  day  appoynted  pi'ue  unseasonable,  the  Officer  is  to  ap- 
poynt  the  next  fayer  day.  The  hower  to  begin  is  eight  of  the 
clocke.  And  whosoeuer  shall  be  absent  any  of  the  said  dayes 
after  the  hower  lymited,  or  shall  not  continue  the  whole  tyme 
shall  forfeit  2s.  vi^.  for  euery  default,  excepte  such  as  are  lycen- 
sed  vnder  the  hands  of  two  magistrats.  The  Clarkes  of  the 
seuerall  bands  are  to  distreyne  the  delinquents  w^^^in  14  dayes 
after  the  forfeture,  and  to  take  vid.  for  theselues,  the  remaynder 
to  be  for  the  mayntenance  of  drums,  cullers  &  such  like  ;  and 
If  any  of  the  said  Clarks  shall  omit  to  distreine  any  delinquent 
for  the  said  terme  of  14  dayes,  shall  forfeit  to  the  Country  the 
double  some.  The  Capten  and  officers  shall  haue  liberty  to  re- 
lesse  such  as  they  approue  for  expert  souldears  for  halfe  a  day, 
at  any  time.  Mr.  Ludlowe  is  desiered  to  call  forth  the  soul- 
dears of  the  Towns  vppon  the  sea  cost,  to  see  the  exercise  as 
aforesaid,  vntill  there  be  some  fitt  officers  pi'uided. 

Mr.  Chaplyn,  for  diuulgeing  and  setting  his  hand  to  a  writing 
cauled  a  declaration,  tending  to  the  defamation  of  Mr.  Smith, 
is  fyned  to  pay  to  the  Country  xi^. 

Frances  Norton,  for  setting  his  hand  to  the  said  writeing,  is 
fyned  5/. 

John  Goodridge  also,  for  setting  his  hand  to  the  said  writeing 
is  fyned  405. 

Mr.  Plum,  for  p^ferring  a  rowle  of  diuers  greuinces  agt  Mr. 
Smith  &  fayleing  of  proufe  in  the  p^'secutio  thereof,  is  fyned  xl. 

Robert  Rose  for  joyneing  w^^  Mr.  Plum  therein  is  fyned  40s. 

Its  concluded  that  a  writeing  shall  be  p^pared  and  openly 
read  in  the  seuerall  Townes,  for  the  clereing  Mr.  Smith,  and  an 
Order  made  of  ten  pownd  fyne  for  whosoeuer  shall  be  conuicted 
vnder  two  witnesses  to  diuulge  any  the  said  greiuences  to  his 
defamation. 

The  Court  is  adiurned  vntill  Wensdey  com  seuennight. 

*  "  It  is  judged  meet  by  the  Commissioners  that  there  be  trayneings  at  least  sixe  tyiiies  eule 
yeare  in  each  Plantacon  w  Hu  this  confederacoc.*'     (Rec.  of  U.  Colonies,  Sept.  1643.) 

10 


98  PUBLICRECORDS 

Mr.  Webster  and  Mr.  Welles  are  to  take  vppe  of  the  Tra- 
ders for  Indean  corn,  the  forfetures  due  to  the  Country. 


Wensday  the  *day  of  No:  1643. 

Its  Ordered,  that  there  shall  be  a  Rate  of  150/.  levied  vppon 
the  three  Towns,  w^h  is  to  be  p^portioned  by  Mr.  Taylcott  and 
Andrewe  Bacon,  Mr.  Hill,  Willa.  Gaylard,  Mr.  Chaplin  and 
James  Boosy. 

The  Gouernor  and  Deputy  are  desiered  to  examine  the  Tres- 
urers  accoumpt  and  to  assigne  the  bylls  for  the  Country  debts, 
what  shall  be  alowed. 

Its  Ordered  that  the  plantations  shall  keepe  a  day  of  humil- 
iation vppon  Wensday  com  three  weeks. 

Mr.  Branker  is  freed  fro  watching  &  warding. 

[115]  Whereas  many  clamors  haue  bine  raysed  &  spred 
through  seui'all  pi"ts  of  the  Country,  of  some  indirect  pi^ceedings 
of  Mr.  Smith  of  Wethersfield,  both  in  Church  administrations 
&  in  acting  in  the  ciuell  occations  of  the  Towne,  whereby  the 
peace  of  the  Coihon  welth  was  disturbed,  W^^  gaue  occation  to 
the  Court  to  giue  liberty  to  all  who  had  any  iust  greiuences  in 
ether  kynd  agt  him  to  p^duce  them  in  publique,  and  to  apoynt 
a  tyme  for  hereing  and  determining  the  same,  w^^  accordingly 
was  attended  by  seuerall  in  that  Towne,  and  many  complaints 
made,  wherein  Mr.  Smith  was  accused  and  judged  by  the  to  lye 
vnder  much  guilt.  But  vppon  a  full  heareing  of  all  that  was 
aleadged  by  any  in  mayntenance  of  their  accusations,  It  was 
found  that  most  of  their  accusations  were  mistaks,  wherein  Mr. 
Smith  was  much  wronged,  both  by  false  reports  and  vniust  sur- 
mises. It  was  therefore,  by  vnanimos  consent  of  the  whole 
Court,  Ordered,  for  pi'uention  of  the  further  spreading  of  the 
said  reports  w^h  tend  so  much  to  the  pi'iudice  of  the  publique 
peace  and  th'  aparent  wrong  of  Mr.  Smith,  That  whosoeuer 
w^^in  this  jurisdiction  shall  hereafter  be  conuicted  by  the  testi- 
mony of  two  witnesses,  to  continue  or  renewe  any  of  the  for- 
mer complaints  (most  of  the  said  greiuences  haueing  bine  also 
formerly  hard  by  the  magistrats  and  elders,)  wherein  he  hath 

•  Blank  in  the  original.    , 


OFCONNECTICUT.  99 

bine  clered  by  this  Court,  shall  forfeit  to  the  Country  ten  pownd 
for  euery  such  offence. 


January  3^,   1643. 

The  Courte  takeing  the  state  of  o"^  natiue  Country  into  con- 
sideration haue  Ordered,  that  there  shall  be  monthly  a  day  of 
humiliation  keept  through  the  Plantations,  according  to  the 
course  of  o''  neighbours  at  New  hauen,  and  to  begin  vppo 
Wensday  the  x^^  of  this  month. 

Mr.  Fenwicke  is  p^pownded  to  stand  in  election  for  a  Magis- 
trate, the  Court  in  Aprill. 

The  Gou""  &  Deputy  are  desiered  to  returne  an  answer  to 
the  request  of  the  Ilanders,  signified  by  their  letter  p^sented  to 
the  Court. 

Gyles  Whiteing  is  dismissed  fro  trayneing  &  is  content  to 
pay  I2d.  euery  trayneing  day,  to  the  Clarke  of  the  land,  to- 
wards the  mayntenaunce  of  drums  &  cullers. 

The  Court  is  adiorned  for  sixe  weekes. 


[116]  Feb.   14*^,  1643. 

John  Heynes  Esq"",  Gou"^. 
Ed:  Hopkins  Esqs  Dep. 

George  Willis  Esq--,  Mr.  Webster,  Mr.  Whiteing,  Mr. 

Welles,  Capten  Mason,  Mr.  Woolcott,  Mr.  Swayne. 
[Deputyes  :]     Mr.  Steele,  Mr.  Talcott,   Mr.    Westwood, 

Andrewe  Bacon,  Mr.  Hill,  Mr.  Hull,  Mr.  Gaylard,  Mr. 

Stoughton,  Mr.   Chaplin,  Mr.  Robins,   Samuell  Smith, 

James  Boosy. 

Nath:  &  Elizabeth  Willet  pits,  agt  Benedict  Alueret  defen*, 
in  an  ac.  of  debt  to  the  damage  of  12/. 

Math:  Allen  pi*,  agt  Tho:  Steynton  defen*,  in  an  ac.  of  the 
Case. 

All  p^sons  that  can  bring  in  sufficient  proufe  that  they  are 
aboue  60  yeares  of  age,  are  freed  fro  watching. 

Whereas  yt  is  obsearued  that  many  differences  arise  fro  the 
inequallity  of  measures  that  are  vsed  amongst  vs,  for  the  pi'uent- 
ing  whereof.  It  is  Ordered,  that  the   Clarks  in  the    seuerall 


100  PUBLIC     RECORDS 

Townes  w^h  are  appoynted  for  the  fixeing  the  said  measuers 
shall  once  in  euery  yeare  appoynt  a  certen  day  and  place  & 
giue  notice  to  the  Inhabitans  to  bring  in  their  measures  to 
them  to  be  tryed  and  compared  w^h  the  standard ;  and  they 
shall  haue  3d.  for  the  first  fitting  and  sealeing  ech  measuer,  and 
2d.  for  euery  tryall  and  sealeing,  pi^uided  that  non  be  sealed  but 
of  seasoned  wood ;  and  it  shall  not  be  lawfull  for  any  p^son  w^hin 
these  libertyes  to  sell  by  any  other  measure  but  such  as  are 
sealed,  and  whosoeuer  shall  fayle  to  bring  in  his  measure  to  the 
said  Clarke  at  the  tyme  &  place  appoynted  shall  forfeit  12c?.  for 
euery  default,  wcii  forfetures  shall  be  gathered  by  the  said 
Clarks,  and  they  shall  haue  4d.  in  the  shilling  to  theselues  ;  and 
if  vppon  tryall  any  measure  be  found  to  little  they  shall  cutte 
out  the  scale.  They  are  also  to  size  &  scale  all  yards  and 
wayghts. 

Forasmuch  as  many  laborers  and  workemen  complayne  that 
they  are  forced  to  put  offe  their  Corne  w^h  they  receaue  for 
their  worke  to  seuerall  Chapmen,  for  comodityes,  at  a  cheper 
rate  then  they  take  yt  att,  For  the  p^uenting  whereof,  It  is 
now  Ordered,  that  whosoeuer  wt^in  these  libertyes  shall  sell 
any  Coinodityes  or  make  any  bargaine  to  be  paid  in  Corne, 
after  the  publisheing  this  Order,  shall  take  the  said  Corne  att 
the  Country  rate. 

[117]  Whereas  many  complaynts  are  brought  into  the  Court 
by  reason  of  diui's  abuses  that  fall  out  by  seuerall  p^sons  that 
sell  Wyne  and  strong  water,  as  well  in  vessells  on  the  Riuer  as 
also  in  seuerall  bowses,  for  the  pi'uenting  whereof  yt  is  now 
Ordered,  that  no  p^son  or  p'sons,  after  the  publisheing  this  Order, 
shall  nether  sell  Wyne  nor  strong  water  in  any  place  w^^^in 
these  libertyes,  wt^out  hcense  fro  the  p^'ticuler  Court  or  any 
two  magistrates. 

Whereas  the  Condition  of  these  seuerall  Plantations  in  these 
beginnings  wherein  we  are,  is  such  that  necessity  constraynes 
to  improue  much  of  the  grownds  belonging  to  the  seuerall 
Townes  in  a  comon  way,  and  yt  is  obsearued  that  the  publique 
&  generall  good,  w^h  ought  to  be  attended  in  all  such  improue- 
ments,  receaues  much  p^iudice  through  waint  of  a  prudent 
ordering  and  disposeing  of  those  seuerall  Comon  lands 
to  such  wayes  of  improuement  as  are  most  p^'p''  to  the,  and 
may  best  aduance  the  publique  good,  It  is  therefore  Ordered? 


OF     CONNECTICUT.  101 

that  ech  Towne  shall  before  the  sitting  of  the  next  Court,  chuse 
fro  among  theselues  seaven  able  and  discreet  men,  who  by  this 
Order  haue  power  giuen  the,  and  are  required  to  take  the  comon 
lands  belonging  to  ech  of  the  seu^'ail  Townes  respectiuely,  into 
serious  and  sadde  consideratio,  and  after  a  through  disgesting 
of  their  owne  thoughts,  sett  downe  vnder  their  hands  in  what 
w^ay  the  said  lands  may  in  their  judgement  be  best  improued  for 
the  comon  good.  And  whatsoeu""  is  so  decreed  &  determined 
by  the  said  7  men  in  ech  Towne,  or  any  fiue  of  the,  conserne- 
ing  the  way  of  improuement  of  any  such  lands,  shall  be  at- 
tended by  all  such  pi"sons  that  haue  any  p^priety  or  interest  in 
any  lands  that  shall  be  so  iudged  by  the  said  Comittee. 

And  whereas  also,  much  damage  hath  risen  not  only  fro  the 
vnrulynes  of  some  kynd  of  Cattell  but  also  fro  the  weaknesse 
&  insufficiency  of  many  fences,  whereby  much  variance  and^ 
difference  hath  followed,  w^^  if  not  p^^uented  for  the  future 
may  be  very  p'iudiciall  to  the  publique  peace  ;  It  is  therefore 
likewise  Ordered,  that  the  said  7  men  soe  chosen,  or  at  lest  5 
of  the,  shall  sett  downe  what  fences  are  to  be  made  in  any 
Comon  grownds,  and  after  they  are  made  to  cause  the  same  to 
be  vewed,  and  to  sett  such  fynes  as  they  iudge  meet  vppon  any 
as  shall  neglect  or  not  duly  attend  their  Order  therein.  And 
when  fences  are  made  and  judged  sufficient  by  the,  whatsoeur 
damage  is  done  by  hoggs  or  any  other  cattle  shall  be  paid  by 
the  owners  of  the  said  cattle,  w^hout  any  gaynesaying  or  releife 
by  Repleivy  or  otherwise.  And  the  seui'all  Townes  shall  haue 
liberty  once  euery  yeare  to  alter  any  3  of  the  former  7,  and  to 
make  choyse  of  others  in  their  roome  :  It  being  p^uided  that 
any  p^ticuler  man  or  men  shall  haue  liberty  to  inclose  any  of 
their  pi'ticuler  grownds,  and  improue  the  according  to  their 
owne  discretio  by  mutuall  agreement,  notw^^standing  this 
Order. 


[118]  [A    Pi'TICULER    CoURTE.*] 

John  Heynes  Esq"",  Gou"". 
Ed  :  Hopkins  Esq^  Dep. 

*  The  date  is  not  given. 

10* 


102  PUBLICRECORDS 

George  Willis  Esq"",  Mr.  Webster,  Mr.  Whiting,  Mr. 
Welles,  Capten  Mason,  Mr.  Woolcott. 
The  Jury  : — Ed  :  Stebbin,  John  Edwards,  John  Stadder, 
John  Cattell,  John  Wastoll,  John  Byssell,  Water  Fyler, 
John  More,  Henry  Woolcott,  Will'  Wadsworth,  Andrew 
Bacon,  Will'  Gybbins. 

Henry  Woolcott  pi.  ag*   Bray  Rocester  def^  in  an  ac.  of  the 
Case,  to  the  damage  of  5Z. 

John  Dymon  pi.   ag*  Tho  :  Gunne  def^  in  an  ac.  of  tres- 
passe  for  Fals  Imprisonment. 

John  Dymon  pi.  ag*  Edward  Presson  defS  in  an  ac.  of  the 
Case  to  the  damage  of  vij/. 

Ed :  Presson  pi.  agt  Will'  Perwidge  deft,  ii^  an  ac.  of  the 
Case  to  the  damage  of  x/. 

Tho :  Steynton  pi.  agt  Tho :  Crump  deft,  in  an  ac.  of 
Slaunder. 

Jaruis  Mudgge 

Nath  :  &  Eliz  :  Willet  pi.  agt  Benedict  Alueret  deft,  in  an 
ac.  of  debt  to  the  damage  of  12/. 

Math :  Allen  pi.  agt  Tho :  Steynton  deft,  in  an  ac.  of  the 
Case,  28s.  damage. 

Mr.  Will'  Whiteing  pi.  agt  Tho  :  Bassett  defend  in  an  ac, 
of  the  Case  to  the  damage  of  yI.  \Qs. 

Mr.  Will'  Whiting  pi.  against  Dauid  Wilton  deft,  in  an  ac, 
of  the  Case  to  the  damage  of  hd. 

In  the  ac.  of  Math:  Allen  pi.  agt  Tho:  Steynton  deft,  the 
Jury  find  for  the  pi.  damages  28s.  &  Costs  of  Court.  Execu- 
tion graunted. 

In  the  ac.  of  Willia  Whiteing  pi.  agt  Tho :  Basset  deft,  the 
Jury  find  for  the  pi.  dainages  bl.  and  Costs  of  Court. 

In  the  ac.  of  Nath  :  &  Eliz  :  Willet  pi.  agt  Benedict  Alueret 
deft,  the  Jury  find  for  the  pi.  damages  5/.  &  2d.  and  Costs  of 
Court. 

Tho :  Hurlbut  his  fyne  is  respited,  vppon  Peter  Bassakers 
tryall  to  make  nayles  wt^  less  losse  and  at  as  cheape  a  rate, 
then  he  is  to  duble  the  fyne,  otherwise  to  be  quit. 


OF      CONNECTICUT.  103 

The  Jury  find  that  John  Ewe,  by  misaduenture,  was  the 
cause  of  the  death  of  Tho  :  Scott. 

The  said  John  Ewe  is  fyned  to  pay  fine  pownd  to  the  Country 
and  ten  pownd  to  the  Wyddowe  Scotte. 


[119]  The  Court  of  Election,  Aprill,   1644. 

Edward  Hopkins  Esq"",  Goui'. 
John  Heynes  Esq^,  Dep. 

George  Fenwicke  Esq^,  George  Willis  Esqr,  Roger  Lud- 

lowe   Esqr,  Mr.    Webster,  Mr.    Whiting    Tres\,  Mr. 

Welles  Sec,  Capten  Mason,  Mr.  Woolcott,  Mr,  Swayne- 

Mr.     Steele,    Mr.     Talcoat,     Mr.    Westwood,    Andrew 

Bacon,  Mr.    Trott,  James    Boosy,  Nath :    Foote,  Sa : 

Smith,  Mr.  Hill,  Mr.  Hull,  Mr.  Gaylard,  Tho :  Ford. 

Vppon  the  petition  of  Benedict  Alfford  for  reliefe  ag*  the 

verdict  giuen  in  by  the  Jury  at  the  sute  of  Nath :  Willet  pL 

It  is  Ordered,  that  judg*^  shall  be  respited  till  the  Court  put  an 

issue  thereto. 

Its  the  appi^hension  of  the  Court  that  the  damages  &  Costs  of 
Court  mentioned  in  the  petition  of  Benedict  Alford,  that  yt 
shall  be  layd  vppon  Marshfields  estate,  by  the  p^'portion  of  other 
creditors,  and  what  that  falls  short  shall  be  borne  by  the  said 
Benedict  &  Mr.  Woolcott  &  Nath:  Willet  by  equall  p^portions. 
The  Courts  adioyrned  to  the  second  Thursday  in  May. 

May  the  ixth,   1644. 
The  Court  is  adioyrned  vntill  Munday,  the  third  of  June, 
eight  of  the  clocke,  vnder  the  penalty  of  2.<f.  vie/,  eu^  default. 

June  the  3,  1644. 
Whereas  many  strayngers  &  passengers  that  vppon  occation 
haue  recourse  to  these  Townes,  and  are  streightened  for  waint 
of  entertainment.  It  is  now  Ordered,  that  these  seuerall 
Townes  shall  p''uide  amongst  theselues  in  ech  Towne  one  suffi- 
cient inhabitant  to  keepe  an  Ordinary,  for  pmisio  and  lodgeing  in 
some  comfortable  manner,  that  such  passengers  or  strayngers 


104  PUBLIC     RECORDS 

may  know  where  to  resorte ;  and  such  inhabitants  as  by  the 
seuerall  Townes  shall  be  chosen  for  the  said  searuice  shall  be 
prsented  to  two  Magistrats,  that  they  may  be  judged  meet  for 
that  imployment,  and  this  to  be  effected  by  the  severall  Townes 
w^'iin  one  month,  under  the  penalty  of  40s.  a  month,  ech  month 
ether  Towne  shall  neglect  yt. 

Whereas  many  differences  arise  about  dresseing  and  meas- 
uring of  Corne,  betwixt  the  buyer  and  seller,  It  is  now  ordered, 
that  the  sealer  of  the  measures  in  exi^j  Towne  shall  keep  a  stan- 
dard whereunto  the  buyer  may  resort ;  and  the  said  measurer 
hath  power,  and  is  appoynted  by  the  Court  to  determine  and 
issue  the  differences  that  may  arise  both  in  respect  of  the 
measur  and  also  the  dresseing  &  cleanes  of  the  grayne.  The 
mesurer  to  be  paid  by  the  guilty  p^'ty. 

[120]  The  Court  adiorned  to  the  last  July,  (x  a  clock)  vnles 
the  Gou^  see  cause  to  call  yt  sooner. 

Its  Ordered  that  the  two  Peeces  that  came  fro  Piscataq'  shall 
be  purchased  for  the  vse  of  the  Country ;  the  Gouernour  and 
Deputy  are  desiered  to  contract  w*^  the  owners  for  the. 

Whereas  by  reson  of  the  badnes  and  rottennes  of  much 
yarne  and  other  defects  that  fall  out  in  the  ordering  of  yt,  both 
lynnen  and  woollen,  many  weauers  are  discouridged  to  goe  on 
in  their  trade.  It  is  therefore  Ordered,  that  two  experienced 
men  shall  be  chosen  in  ech  Towne  who  shall  haue  power  to 
judge  and  determine  the  price  or  rate  that  any  weauer  in  the 
said  Towne  shall  receau^e  by  the  yard  for  such  yarne,  who  shall 
vewe  and  make  tryall  thereof,  vppon  complaynt  made  vnto 
the  ;  and  whereas  they  are  many  tymes  much  hindred  by  seeke- 
ing  for  their  pay,  they  are  now  to  retayne  their  worke  in  their 
custody  vntill  they  receaue  their  pay  for  yt.  Joseph  Magott  & 
George  Graues  are  chosen  for  Hartford,  Will'  Gaylard  &  Eld- 
weed  Pomry  for  Wyndsor. 

The  Gouer^  and  Mr.  Fenwicke  are  desiered  and  chosen  by 
the  Court  to  be  Comissioners  for  this  Jurisdiction,  to  agitate 
such  businesses  as  shall  fall  out  to  be  attended  in  behalfe  of  the 
Combinatio,  the  next  meeting  in  September  and  for  the  yeare 
following. 

Mr.  Sti  ele,  Andrewe  Bacon  &  James  Boosy  are  to  order  6c 


OF     CONNECTICUT,  105 

appoynt  some  conuenient  howse  in  Hartford,  for  the  comly  and 
sutable  meeteing  of  the  Comissioners  in  September  next,  where- 
in they  may  agitate  the  affaires  of  the  Combination. 
(Whereas  many  stubborne,  refrectary  and  discontented  sear- 
uants  and  app^ntices  wt'idrawe  themselues  fro  their  masters 
searuices,  to  improue  their  tyme  to  their  owne  aduantage ;  for 
the  p^uenting  whereof.  It  is  Ordered,  that  whatsoeuer  searuant 
or  apprentice  shall  heareafter  offend  in  that  kynd,  before  their 
couenants  or  terme  of  searuice  are  expiered,  shall  searue  their 
said  Masters,  as  they  shall  be  appi'hended  or  retayned  the  treble 
terme,  or  threefold  tyme  of  their  absence  in  such  kynd. 

For  the  p^uenting  of  differences  that  may  arise  in  makeing 
or  setting  downe  of  Fences,  as  well  in  meadowe  as  vpland.  It  is 
Ordered,  that  in  the  setting  posts  and  rayles  or  hedges,  in  the 
meadowes  and  homelotts,  there  shall  be  a  liberty  for  ether  p^ty 
of  12  inches  fro  the  diuident  lyne,  for  breakeing  of  the  grownd 
to  sett  the  posts,  or  for  the  laying  on  the  hedge,  but  the  staks 
and  posts  are  to  be  sett  in  the  diuiding  lyne  ;  and  in  vpland 
there  is  alowed  a  liberty  of  fower  foote  for  a  ditch,  fro  the 
diuiding  lyne,  for  ether  of  the  bordering  p^tyes  where  the  p^por- 
tio  of  fence  belongs  vnto  the. 

[121]  The  Gou^  is  desiered  to  returne  an  answere  to  the 
Towns  of  Stratford  and  Vncocoaue,  of  Mr.  Ludlowe  his  letter 
conserneing  his  pi'positions  made  to  the  Court  about  the  manner 
of  Rateing  &  his  chardges  for  Country  imployment. 

It  is  Ordered,  that  whosoeuer  arests  or  retaynes  any  mans 
goods  by  way  of  Attachment  or  Repliuy,  shall  put  in  good 
security  to  prosecute  the  sute  w^'nn  conuenient  tyme,  and  to 
pay  what  damages  shall  arise  vppon  his  neglect  or  not  makeing 
good  his  action,  and  shall  pay  xijc?.  for  the  attachment  or  repliuy 
&  vie?,  for  his  recognizance  or  bond. 

Also,  no  Magistrate  shall  graunte  any  warrant  conserneing 
pfsonall  actions,  but  the  demaunder  thereof  shall  pay  4c?.  for  yt. 

Also,  there  shall  be  2s.  rid.  payd  for  the  Recording  euery 
Will  and  Inuentory  that  is  vnder  the  soine  of  40?.  and  iijs.  4d. 
if  aboue  40/. 

It  is  Ordered,  that  the  Towne  Clarkes  or  Registers  in  the 
seuerall  Townes  within  this  Jurisdiction,  shall  ech  of  them 
keepe  a  record  of  the  day  of  mariedge  of  euery  prson  hereafter 


106  PUBLIC     RECORDS 

maried  wthin  theire  libertyes,  and  of  the  day  of  the  birth  of 
euery  child  hereafter  borne,  to  who  the  parent  of  the  child  shall 
wt^in  three  dayes  after  the  birth  of  his  child  certifie  the  day  of 
the  childs  birth,  and  to  who  euery  man  that  shall  be  maried 
shall  w^i^in  three  dayes  after  his  mariedge  certifie  his  mariedge 
day,  vnder  the  penalty  of  55.  euery  default.  The  said  Register 
is  to  receaue  vi^.  for  recording  the  day  of  mariedge  &  ii^.  for 
recording  the  birth  of  the  child. 

It  is  Ordered,  that  no  Inhabitant  wthin  these  libertyes  shall , 
suffer  any  Indean  or  Indeans  to  com  into  their  bowses,  except 
the  Magistrats  or  Traders,  who  may  admitte  of  a  Sachem  if  he 
com  not  wti»  aboue  4  men ;  Only  Vncus  who  hath  bine  a  fryend 
to  the  Englishe  may  com  w*^  20  and  his  brother  w*^  10. 

The  Order  of  the  8*^1  of  Septeber,  1642,  conserneing  trading 
wth  Indeans,  is  repealed. 

Whereas  Mr.  Mathew  Allen  hath  presented  severall  peticons 
to  this  Court  for  releefe  against  the  Church  of  Hartford,  in 
regard  of  his  censure  of  excommunicacon,  wherein  he  affirmes 
he  hath  beene  wronged  by  the  sayd  Church ;  It  was  the  iudg- 
ment  of  the  Court  that  the  sayd  AUyn  by  his  peticons  and  ex- 
pressions in  Court  concerning  the  sayd  businesse,  hath  layd  an 
accusation  vppon  the  Church  of  Hartford,  and  that  he  ought 
to  bring  into  the  Court  the  pi"ticulars  of  his  accusation,  that  the 
Church  of  Hartford  may  giue  answere  thereunto. 


[122]  June  the  vi^h,  1644. 

Ed  :  Hopkins  Esq"". 
Jo  :  Heynes  Esqi",  Dep. 

George  Willis  Esq"",  Mr.  Webster,  Mr.   Whiting,  Mr 

Welles,  Capten  Mason,  Mr.  Woolcott. 
The  Jury. — Nath:  Waird,  Jo:  White,  Wm.  Pantry,  Rich 

Gudman,  Mr.  Olister,  Mr.  Chester,  Jo:  Demon,  Tho 

Tracy,  Roger  Willias,  Walter  Fyler,  John  Taylor,  Tho 

Boscom. 

Clement  Chaplin  pi.  againste  Henry  Smith  and  Samuell  Smith 
defts,  in  an  action  of  the  Case.     The  pi.  appeareth  not. 


OF     CONNECTICUT.  107 

Math:  Allen  plan*,  against  Will'  Lewis  defS  in  an  ac.  of  the 
Case,  to  the  damage  of  14/. 

Will'  Whiting  pi.  ag*  Dauid  Wilton  defS  in  an  action  of  the 
Case,  to  the  damage  of  xZ. 

George  Steele  pi.  ag*  John  Carrington  defS  in  an  action  of 
the  Case. 

Nath :  Willet  pi.  agt  Will'  Edwards  deft,  in  an  ac.  of  debt. 

Will'  Perwydge  pi.  agt  Math:  Allen  deft,  in  an  ac.  of  the 
Case. 

Robert  Howard  pi.  as  attorny  to  Ed:  Welles  agt  Will' 
Edwards,  deft,  in  an  ac.  of  debt. 

Will'  Edwards  pi. 

Daniell  Frost 

1.  Will'  Lewis  pi.  agt  Mathew  Allen  deft,  in  an  ac  of  the 
Case. 

Tho:  Osmore  pi.  agt  John  Plmii  deft. 

2.  Will'.  Lewis  pi.  agt  Math:  Allen  def',  in  a  2^  action  of 
the  Case. 

Mr.  Woolcot  pi.  agt  Tho :  Marshefield  deft,  in  an  ac.  of  the 
Case  to  the  damage  of  43/.     Execution  graunted. 

In  the  ac.  of  Clement  Chaplin  pi.  agt  Henry  Smith  &,  Sam- 
uell  Smith  deft^,  the  Jury  find  for  the  deft^,  costs  of  the  Courts. 
One  witnesse. 

In  the  ac.  of  Mathew  Allen  pi.  agt  Wm.  Lewis  defent,  the 
Jury  find  for  the  pi.  that  the  deft  jg  to  pay  rent  according  to 
his  bargen  wth  Will'  Cornewell,  as  he  was  to  pay,  for  the 
prportion  of  land  he  holds,  for  the  terme  of  three  yeres  &  a 
halfe  paste,  and  20^.  4d.  costs. 

In  the  action  of  Will'  Whiteing  pi.  agt  Dauid  Wilton  deft, 
the  Jury  find  for  the  pi.  the  deft  jg  to  returne  the  steere,  and 
costs  of  Court  8s.  y'ld. 

In  the  ac.  of  Will'  Perwydge  pi.  agt  Math:  Allen  deft,  Mr. 
Styles  and  Will'  Pantry  are  the  Arbitrators  chosen  to  value  the 
worke  according  to  their  last  agreement;  &  w"  Wm.  Perwydge 
hath  giuen  security  to  pi'form  the  bargen,  Math:  Allen  is  to 
satisfie  for  the  worke  as  the  Arbitrators  shall  award. 
[123]  In  the  ac.  of  Robert  Howard  pi.  agt  Wm.  Edwards 
deft,  the  Jury  find  for  the  deft,  xis.  vie?.  Costs. 


108  PUBLICRECORDS 

In  the  ac.  of  Tho:  Osmore  pi.  ag*  John  Plum  def^^  the  Jury 
find  for  the  pi.  fiue  pownd  fiue  shillings  dainages  &  costs  of 
Court. 

The  actions  of  Will'  Lewis  pi.  agt  Math:  Allen  defS  are 
referred  to  arbitriment  of  John  White  &  John  Taylor. 

In  the  ac.  of  Henry  Woolcott  pi.  against  Tho :  Marshefield 
deft,  the  Jury  find  for  the  pi.  25/.  xs.  dainages  &  costs  of  Court. 

John  Pratt  is  freed  fro  watching,  according  to  the  p^'mise  of 
the  Generall  Court. 

John  Styles  is  fyned,  2s.  y'ld.     John  Sadler  is  fyned,  5s. 

Tho:  Watts,  for  trayneing  w^^  a  peece  chardged,  is  fyned  20s. 

Peter  Blachfield  is  fyned  5s. 

Vppon  the  further  euidence  that  Tho  :  Steynton  hath  brought 
into  the  Court  conserneing  a  late  sute  pi^esented  ag*  him  by 
Math:  Allen  pL,  execution  is  respited  vntill  the  next  Court. 

The  p^ticuler  Court  is  to  be  held  the  first  Thursday  in  August 

Benedictus  Aluerd  acknowledgeth  himselfe  bound  in  a  recog- 
nizance ofx/.  to  the  Country,  pi'uided  if  in  conuenient  tyme  he 
pi"secute  the  sute  vppon  an  attach*  he  hath  taken  ag*  the  goods 
of  John  Cooke  or  answer  such  damages  as  may  vppon  his  neg- 
lect or  not  makeing  good  the  action,  then  this  to  be  voyd. 

Tho:  Welles. 

The  7  men  who  haue  power  to  Order  Fences  and  sett  penal- 
tyes,  haue  the  like  power  to  graunt  execution  vppon  the  forfeture 
thereof. 


July  the  4^^,  1644. 

Mr.  Hill  is  desiered  to  assist  the  Gou'"  and  Deputy  to  audicte 
the  Tresurers  accoumpte. 

There  is  a  Rate  of  1 00/.  graunted  to  be  leuied  vppon  the 
three  Townes. 


[124]  August  the  first,  1644, 

Ed  :  Hopkins  Esq^,  Gou^ 

Mr.  Webster,  Mr.  Whiting,  Mr.  Welles,  Mr.  Woolcott, 


OP      CONNECTICUT.  109 

The  Jury.— Mr.  Parke,  Mr.  Cullicke,  Jo:  Barnard,  Will: 
Gybbins,  Rich:  Lord,  Mr.  Chester,  Frances  Norton, 
Sa:  Smith,  John  Byssell,  Rob:  Wynchell,  Tho:  Buck- 
land,  Tho:  Ford ;  Jur. 

John  Demon  pi.  agt  Ed:  Preston,  in  an  actio  of  the  Case,  20 
bushi  of  Ry  &  10s.  damages. 

Ephra  Huit  pi.  agt  Walter  Fyler  deft,  in  the  behalfe  of  the 
Towne  of  Wyndsor,  in  an  ac.  of  the  Case. 

Richard  Mylls  pi.  agt  Willi  Combstocke  &  John  Sadler 
defts,  in  an  ac.  of  Slaunder  to  the  damage  of  200/. 

Rich:  Mills  pi.  agt  James  Norton  deft,  in  ^n  ac.  of  debte  to 
the  damage  of  20/. 

Mr.  Wm.  Whiting  pi.  agt  James  Whatly  deft,  in  an  ac.  of 
the  Case  to  the  damage  of  4/. 

James  Whatly  pi.  agt  Tho:  Osmore  deft,  in  an  ac.  of  the 
Case. 

James  Whatly  pi.  agt  Tho:  Ketling  deft,  in  an  ac.  of  Slaun- 
der to  the  dainage  of  5/. 

In  the  ac.  of  John  Robins  pi.  agt  Nath:  Foote  deft,  the  Jury 
find  for  the  deft  costs  of  Court. 

In  the  ac.  of  John  Robins  pi.  agt  Rich:  Beldon  deft,  the  Jury 
find  for  the  pi.  dainages  5/.  according  to  the  Arbitribers,  leaue- 
ing  the  former  damages  to  be  issued  by  the  Arbitrators,  and 
costs  of  Court. 

In  the  ac.  of  Nath:  Foote  pi.  agt  Robert  Rose  deft,  tj^g  j^y 
find  for  the  pi.  damages  xiid.  and  costs  of  Court. 

In  the  ac.  of  John  Demon  pi.  agt  £d:  Preston  deft,  the  Jury 
find  for  the  pi.  20  bush,  of  Ry  &  10s.  dainages  &  costs  of  Court. 

In  the  ac.  of  Mr.  Whiteing  pi.  agt  James  Whately  deft,  the 
Jury  find  for  the  pi.  darnages  3/.  IGs.  country  pay,  or  3/.  mony, 
and  costs  of  Court. 

In  the  ac.  of  Ephra  Huit  pi.  agt  Walter  Fyler  deft,  the  Jury 
find  for  the  pi.  the  land  he  sued  for  &  costs  of  Court. 
[125]     In  the  action  of  James  Whatly  pi.  agt  Tho:  Ketling 
defent,  the  Jury  find  for  the  pi.  13s.  id.  damages  and  costs  of 
Court.     Execution  graunted. 


11 


110  public    records 

[126]  Sept.  the  *  1644. 

Edward  Hopkins  Esq^,  Gour. 
Jo:  Heynes,  Esq^",  Dep. 

George   Willis  Esq',  Mr.   Webster,    Mr.  Welles,  Mr. 

Woolcott. 
The  Jury. — Nath:  Foote,  Nath:  Dickinson,  Tho:  VfFoote, 

John  Elson,  Rich:  Webb,  Will'  Rescue,  Tho:   Osmor, 

Rich:  Butler,  Joseph  Loonies,  Franc:  Styles,  Tho:  Dewe, 

Tho:  Orton ;  Jur. 

Nath:  Wylled  plan*  ag*  Will'  Edwards  def^  in  an  action  of 
debt. 

James  Whatly  pi.  ag^  John  Lattimore  deft,  i^  ^^  ac.  of  Slaun- 
der. 

James  Whatly  pi.  ag*^  Tho:  Osmor  deft,  in  an  ac.  of  the  Case. 

James  Whately  pi.  agt  Richard  Harris  defS  in  an  ac.  of 
slaunder. 

Will'  Perwidge  pi. 

Math:  Beckwith  &  Tho:  Hungerford  pi.  agt  Will'  Edwards 
deft,  in  an  ac.  of  slaunder. 

Tho:  Steynton  pi.  ag*  Math:  Allen  deft,  jn  an  actio  of  the 
Case. 

John  Lattirnor  to  pay  5s.  damages  to  James  Wakely. 

Rich:  Mylls  to  pay  55.  damages  to  James  Northu. 

The  Inuentory  of  John  Cattell  was  brought  into  the  Court  & 
by  Will'  Gybbins  &  his  wyddowe  to  administer. 

James  Hallet,  for  his  thefte,  is  adiudged  to  restore  fowerfold 
for  what  shall  be  proued  before  Capten  Mason  &  Mr.  Woolcott, 
and  to  be  branden  in  the  hand,  the  next  Trayneing  day  at 
Wyndsor. 

In  the  ac.  of  James  Whatly  pi.  agt  Richard  Harrison,  the 
Jury  find  for  the  pi.  vi^.  damages  &  costs  of  sute. 

In  the  ac.  of  Math:  Beckwith  &  Tho:  Hungerford  pi.  ag*- 
Will'  Edwards  deft,  the  Jury  find  for  the  pi.  damages  20s.  & 
costs  of  Court. 


Blank  in  the  original. 


of    connecticut.  hi 

[128]  September  the  12*^^,  1644. 

John  Heynes  Esq^,  Dep.  Gou"". 

George  Willis  Esq^  Mr.  Webster,  Mr.   Whiteing,  Mr. 
Welles,  Mr.  Woolcott,  Capten  Mason. 
Deputies  : — Mr.  Steele,  Mr.  Talcoate,  Mr.  Westwood,  Mr. 
Cullicke,  Mr.  Hill,  Mr.  Hull,  Mr.  Gaylard,  Henry  Clarke, 
Mr.  Trott,  Mr.  Clyster,  James  Boosy,  Samuell  Smith. 
The  Court  is  adioyrned  to  the  25th  of  this  month,  after  the 
lecture. 

Mathew  Maruen  pi.  ag*  Peter  Bassaker. 


The  PrTicuLER  Court,  the  24*^  of  October,   1644. 

Ed:  Hopkins  Esq^  Gou', 
Jo:  Heynes  Esq^,  Dep. 

George  Willis  Esq^  Mr.  Webster,  Mr.  Welles. 
The  Jury. — Henry  Woolcott,  Jo:   More,  Dauid  Wilton, 
Tho:  Gunne,  Richard  Wascote,  Joseph  Magott,  Will' 
Lewes,  Tymothy  Standly,  Tho:  Coleman,  Will'  Palmer, 
Jo:  Stadder,  Jo:  Wastall. 
In  the  action  of  James  Whatly  pi.  ag*  Tho:  Osmore  defen*, 
the  Jury  find  for  the  pi.  damages  4l.   12s.  and  costs  of  Court. 
Execution  graunted. 


The  Generall  Court,  the  25^^  of  October,   1644. 

Whereas,  Mr.  Mathew  Allen  of  Hartford  formerly  p^sented  a 
petition  to  the  Court,  wherein  he  chardged  the  Church  of  Hart- 
ford to  doe  him  wrong,  the  W^  he  was  to  haue  p^'ued  in  Court, 
but  hath  neglected  to  make  yt  appeare.  It  is  now  Ordered,  that 
he  shall  haue  a  coppy  of  the  answer  formerly  giuen  to  the  peti- 
tion now  sent  to  him,  and  be  required  to  bring  in  his  answer 
thereunto  &  giue  yt  in  Court  the  27*^  of  Noueber,  and  also  an- 
swer his  former  contempt. 

It  is  agreed  that  the  p^positions  concerneing  the  maynten- 
aunce  of  mynisters,  made  by  the  Coinissioners  of  the  Vnited 


112  PUBLIC     RECORDS 

Collonies,  shall  stand  as  an  Order  for  this  Jurisdiction,  to  be  exe- 
cuted accordingly  where  there  shall  be  cause.* 
[129]  The  prpositions  conserneing  the  mayntenaunce  of  scol- 
lers  at  Cambridge,  made  by  the  said  Comissio"  is  confirmed, 
and  It  is  Ordered  that  2  men  shalbe  appoynted  in  euery  Towne 
w^'un  this  Jurisdiction,  who  shall  demaund  what  euery  family 
will  giue,  and  the  same  to  be  gathered  and  brought  into  some 
roome,  in  March ;  and  this  to  continue  yearely  as  yt  shalbe 
considered  by  the  Comissioi's.-j-  The  p^'sons  to  demand  what 
will  be  giuen  are 

For  Hartford,  Nathaniell  Waird  and  Ed:  Stebbing. 

(to  gather  yt,  Rich:  Fellowes,  Tho:  Woodford. ) 

For  Wyndsor,  Will'  Gaylard,  Henry  Clarke. 

For  Wethersfield,  Mr.  Trott,  Mr.  Wells. 

For  Stratford,  Will'  Judson,  Jo:  Hurd. 

For  Vncowaue,  Jehue  Burre,  Ephraim  Wheeler. 

For  Southampton,J  Mr.  More,  &  Robert  Band. 

*  "  Whereas  the  most  considerable  prsons  in  these  colonyes  came  into  these  parts  of  America 
that  they  might  inioye  Christ  in  his  ordinances,  w'hout  disturbance  ;  And  whereas  among  many 
other  precious  mercyes,  the  ordinances  are  &  haue  beene  dispensed  among  us  w"*  much  purity 
&  power,  The  Commissioners  tooke  it  into  serious  consideracon,  how  some  due  mayntenance 
according  to  God  might  be  p''uided  &  setled,  both  for  the  present  and  future,  for  the  encouradg- 
ment  of  the  Ministers  whoe  labour  therein,  &  concluded  to  p'pound  &  commend  it  to  each 
Geni^all  Court,  that  those  that  are  taught  in  the  word  in  the  seu''all  Plantacons  be  called  together, 
that  eu''ie  man  voluntarily  set  downe  what  he  is  willing  to  alowe  to  that  end  &  vse  ;  and  if  any 
man  refuse  to  pay  a  meet  pi'portion,  that  then  he  be  rated  by  authority  in  some  iust  &  equall 
way  ;  and  if  after  this  any  man  withhould  or  delay  due  paym'  the  civill  power  to  be  exercised 
as  in  other  iust  debts."     [Records  of  IT.  Colonies,  Sept.  5,  1C44.] 

t  This  "  proposition  of  a  geni'all  contribution  for  the  mayntenance  of  poore  schollers  at  the 
Colledge  at  Cambridge"  was  presented  to  the  Commissioners,  at  their  meeting  in  September, 
1644,  by  the  Rev.  Mr.  Bhepard, — "  and  fully  approved  by  them,  &  agreed  to  be  commended  to 
the  seu^iU  gen''all  Courts  as  a  matter  worthy  of  due  consideracon  &  enterteinm'  for  the  ad- 
vancement of  learning,  w*^''  we  hope  will  be  chearfully  embraced."  Mr.  Shepard,  after  request- 
ing the  Commissioners  to  consider  "some  way  of  comfortable  mayntenance  for  that  Schoole  of 
the  Prophets  w>:i>  now  is,"  suggests  that  "  If  therefore  it  were  commended  by  you,  &  left  to  the 
freedome  of  cu'ie  family  w'=''  is  able  &  willing  to  giue,  throughout  the  Plantacons,  to  give  yearly 
but  the  fourth  part  of  a  bushell  of  come  or  something  equivalent  thereunto, — and  f<jr  this  end, 
if  eu''ie  Minister  were  desired  to  stirre  up  the  hearts  of  the  people  once  in  the  fittest  season  of 
ye  yeare,  to  be  freely  enlarged  therein,  &  one  or  two  faithfull  men  appointed  in  each  Towne,  to 
receaue  &  seasonably  to  send  in  what  shall  be  thus  giuen  by  them, — It  is  conceaued  that  as 
noe  man  could  fcele  any  grievance  hereby,  soe  it  would  be  a  blessed  meanes  of  comfortable 
p''vision  for  the  dyct  of  dyuers  such  students  as  may  stand  in  neede  of  some  support,  &  be 
thought  meet  &  worthy  to  be  contynued  a  fit  season  therein."     [Rec.  of  U.  Col.,  Sept  1644.] 

i  Southampton  had  been  received  under  the  Jurisdiction  of  Connecticut,  not  long  previous  to 
this  time,  with  the  approval  of  the  Commissioners  of  the  U.  Colonies.  See  copy  of  the  Articles 
of  Combination,  in  Appendix,  No.  IL 


OF      CONNECTICUT,  113 

The  pi'positions  of  the  Comissiors  concerneing  a  generall  In- 
dean  trade  (except  corne,  fishe  and  venison)  is  also  approued 
and  setled  by  the  Court,  vppon  the  terms  therein  pi"pounded,  if 
other  Jurisdictions  doe  the  hke. 

Also,  the  said  Comissioners  Order  concerneinfr  verdicts  is 
approued.* 

The  Gouernour,  Deputy,  Capten  Mason,  Mr.  Steele,  Mr. 
Gaylard  &  James  Boosy  are  desiered  to  treat  w^'^  Mr.  Fen- 
wicke  concerneing  the  setling  of  the  Rivers  mouth,  to  know 
vppon  what  terms  we  stand  w^^^  him  in  that  respecte,  and  also 
to  consider  what  they  thinke  meet  to  be  done  for  matter  of 
Fortificatio  there,  and  to  take  the  first  op^tunity  they  can  for 
the  issueing  of  yt,  and  to  determine  and  conclud  w^^  him  as 
they  shall  judge  meete. 

It  is  Ordered,  that  all  p^'sons  hereafter  comitted  vppon  delin- 
quency shall  beare  the  chardges  the  Country  shall  be  att  in  the 
pi^secutio  of  the. 

Its  Ordered,  there  shalbe  a  publike  day  of  thanksgiueing 
through  this  Jurisdiction,  vppon  Wensday  com  fortnight. 

Its  Ordered,  that  all  Collectors  and  gatherers  of  Rates,  shall 
appoynt  a  day  &  place  and  giue  resonable  warneing  to  the  In- 
habitants to  bring  in  their  pi'portions,  vppon  w<=h  every  man  so 
warned  shall  duely  attend  to  bring  in  his  rate,  or  vppon  neg- 
lecte  thereof  shall  forfeit  2^?.  in  the  shilling  for  what  he  falls 
shorte,  and  the  said  Collector  shall  haue  authority  hereby  to 
distreyne  the  delinquents,  or  be  accoumptable  thcselues  for  the 
rates  &  penaltyes  so  neglected  by  the. 

There  is  a  Rate  of  10/.  to  be  added  to  the  former  of  140/. 
[130]     Whereas  yt  is  obsearued  that  the  Dutch  and  French  doe 
sell  and  trade  to  the  Indeans,  guns,  pistolls  and  warlike  instru- 
ments, It  is  now  Ordered,!  that  no  prson  wt^in  these  libertyes 

*  "There  being  a  question  p''pounded  of  what  esteeme  &.  force  a  verdict  or  sentence  of  any 
one  Court  w'''in  the  Colonyes,  ought  to  be  of  in  the  Court  of  another  Jurisdiction,  The  Com- 
missioners well  weighing  the  same,  thought  (it  to  commend  it  to  the  seu'all  Gen'all  Courts,  that 
euery  such  verdict  or  sentence  may  have  a  due  respect  in  any  other  Court  tlirough  the  Colonyes, 
where  occasion  may  be  to  make  use  of  it,  &  that  it  be  accounted  good  euidence  for  the  Plain- 
tife,  vntill  eyther  better  evidence  or  some  other  iust  cause  appeare  to  alter  or  make  the  same 
voyd ;  &.  that  in  such  case,  the  issuing  of  the  cause  in  question  be  respited  for  some  convenient 
tyme,  that  the  Court  may  be  advised  with,  where  the  verdict  or  sentence  first  passed."  [Rec.  of 
U.  Col.J 

\  "  And  it  is  commended  to  the  serious  coiisideracon  of  the  seurall  juriFdictions,  whether  it  be 
be  not  expedient  &  necessary   to  p'liibit   the  selling  of  the  aforesayd  aniuiunicon  either  to 


114  PUBLIC     RECORDS 

shall  at  any  tyme  hereafter  sell  nether  gun  nor  pistoll  nor  any 
Instrument  of  warre,  nether  to  Dutch  nor  Fn  nch  men,  vnder 
the  penalty  of  forfeting  twenty  for  one,  and  suffering  such  fur- 
ther corporall  punishement  as  the  Court  shall  inflicte. 


A  Generall  Court,  Nouebt  the  IS^h,  1644. 
Edward  Hopkins  Esq'',  Gc. 
Jo:  Heynes  Esq'',  Dep. 

George   Willis  Esq"-,  Mr.  Webster,  Mr.  Whiteing,  Mr. 
Welles,  Capten  Mason,  Mr.  Woolcotte. 
Mr.  Steele,  Mr.  Talcote,  Mr.  Westwood,  Mr.  Cullicke, 
Mr.  Trotte,  Mr.  Oyllister,  Samuell  Smith,  James  Boosy, 
Mr.  Hill,  Mr.  Hull,  Mr.  Gaylard,  Mr.  Clarke. 
Richard  Lyman  hath  the  like  liberty,  w^h  John  Tynker  and  his 
prtners,  for  the  making  pitch  and  tarre,  p^'uided  they  gather  not 
their  wood  w^hin  halfe  a  myle  one  of  another,  and  that  what- 
soeuer  wood  is  or  shall  be  gathered  for  that  vse  be  imp^ued 
wti^in  three  months  after  the  gathering. 


A  P'^ticuler  Court  the  first  Thursday  in  Deccbee. 
Ed:  Hopkins  Esq"",  Go^. 
Jo:  Heynes  Esq^,  Dep. 

Mr.  Webster,  Mr.  Whiting,  Capten  Mason,  Mr.  Welles, 

Mr.  Woolcotte. 
•    The  Jury: — John    Porter,    Walter    Filer,  Aron  Cooke, 

Math:    Sention,    Nath:    Dickenson,  Jo:    Demon,   Will: 

Smith,    Jo:    Notte,   Will:     Pantry,    Ed:    Stebbin,    Jo: 

White,  Jo:  Watson. 
Tho:  Steynton  pit,  against  Math:  Allen  deft. 
Rich:  Mylls  plS  agt  Will'  Comstocke  deft. 
Mathew  Allen  plantife,  agt  Tho:  Hollibut  deft. 
Will'  Hill  pit,  agt  Peter  Bassaker  deft. 

French  or  Dutch,  or  to  any  other  that  doe  comonly  trade  the  same  w"'  Indians."     [Records  of 
U.  Col.,  Sept.  1644.] 


OF     CONNECTICUT.  115 

Henry  Densloe  pi.  agt  Jaruis  Mudge  defS  in  an  ac.  of  Slaun- 
der. 

Math:  Allen  pi.  agt  Peter  Bassaker  defend 
[131]     An  executio  to  be  graunted  agt  Tho:  Osmore,  at  Ja: 
Whatly  his  sute,  Jo:  Barnard,  3/.  6s.  8d. 

Will'  Edwards  pi.  agt  Peter  Bassaker  defS  in  an  ac.  of  debt 
to  the  damage  of  3/. 

In  the  actio  of  slaunder  by  Henry  Densloe  pi.  ag*^  Jaruis 
Mudgge  defS  the  Jury  find  for  the  deft  costs  of  Court. 

Mr.  Trott  &  Nath:  Dickinson  vndertake  that  Carrington 
shall  appeare  w^  the  Court  or  the  Gou""  shall  call  for  him. 

Mr.  Ollister  &  Jo:  Edwards  vndertake  that  Robert  Bedle 
shall  appeare  at  the  Court  at  Hartford,  uppon  Thursday  next. 

Dec  the  xi^h,   1644. 

Mr.  Heynes  &  Mr.  Willis  are  desiered  to  consider  of  the 
estate  of  Nath:  Foote  deceased,  and  to  take  in  what  helpe 
they  please  fro  any  of  the  neighbours  to  aduise  how  yt  may  be 
disposed  of  and  to  report  their  app^hensions  to  the  next  Court. 

Mr.  Webster  &  Mr.  Whiteing  &  Mr.  Woolcot  are  desiered 
to  see  an  equall  deuision  made  of  Marshfields  estate  to  the 
seuerall  creditors. 

Tho:  Walston  is  fyned  20s.  for  inuegling  the  affections  of 
Mr.  Alcocks  mayde. 

Dauid  Wilton  and  Daniell  Clarke  are  admitted  executors  to 
the  will  of  Ephraim  Huit.  Mrs.  Huit  p^miseth  that  if  the 
goods  sett  apart  for  the  dischardge  of  debts  fall  short,  that  shee 
will  resigne  such  other  goods  as  are  comitted  to  her,  to  make  yt 
out. 

Robert  Bedle  is  adiudged  to  restore  double  for  the  seuerall 
thefts  acknowledged  by  him,  and  to  be  seuerly  whipped  and 
branded  in  the  hand  vppo  Wensday  next. 

Ed :  Hampson  for  diuulging  slaunderus  speeches  agt  Mr. 
Chester,  is  fyned  fine  pownd  to  the  Country. 

In  the  absence  of  the  officer  of  the  Court,  the  Constable  may 
searue  executions. 

Bedle  stole  fro  Mr.  Blakman,  of  gunpowder,  ij  pownd ;  Fro 
wydowe  Foote,  of  Rye,  iiij  bush ;  Fro  Tho:  Welles,  2  sacks  ; 
Fro  Rich:  My  lis,  1  blanket;  Fro   Tho:  Tracy,  1  sacke. 


116  PUBLIC     RECORDS 

[132]     A  Generall  Court,  the  xith  of  DEcesER,  [1644.] 
Ed:  Hopkins  Esq',  Go>-. 
Jo:  Heynes  Esq^  Dep. 
Mr.  Webster,  Capten  Mason,  Mr.  Welles,  Mr.  Woolcott. 
Mr,  Steele,  Mr.  Talcoate,  Mr.  Cullicke,  Mr.  Westwood, 
Mr.  Hill,  Mr.  Hull,  Mr.  Trott,  James  Boosy,  Sa:  Smith. 

Whereas  through  the  blessing  of  the  Lord  vppo  the  payne- 
full  endeauors  of  these  Plantations,  incouridgement  hath  bine 
giuen  for  the  rayseing  some  quantity  of  corne,  whereunto  many 
haue  addicted  theselues  vppon  hopes  of  receaueing  some  com- 
fortable supply  to  their  necessityes  thereby  ;  But  p"'tely  through 
waint  of  op'^tunity  and  fitte  instruments  to  transport  the  same 
into  forraigne  p'^ts,  and  partly  the  aduantages  that  haue  bine 
taken  fro  the  multitude  of  sellers  and  their  pinching  necessityes, 
the  rate  and  price  of  corne  is  so  little  and  the  comodity  so  vn- 
auaylable  for  the  attaynement  of  such  supplyes  as  are  most 
sutable  to  mens  needs,  that  much  discouridgement  falls  vppon 
the  spirits  of  men  in  such  imployments,  w^h  is  like  to  be  more 
and  more  increased  if  some  course  be  not  taken  for  the  finding 
some  other  way  of  trade  for  corne  then  hath  bine  hitherto  at- 
tended, whereunto  not  only  our  owne  necessityes  call  vs,  but 
the  complaints  of  the  other  CoUonyes,  both  of  the  Masachu- 
setts  and  Plyihoth,  by  their  Comissioners,  who  looke  vppon  the- 
selues as  much  pi'iudiced  by  our  ouerfilling  their  marketts,  require 
the  same  at  our  hands ;  It  is  therefore,  by  generall  consent, 
Ordered,  and  also  agreed  w^^  the  p^tyes  hereafter  mentioned, 
that  noe  Englishe  grayne  shall  for  the  two  next  yeres  ensueing 
be  sould  to  any  out  of  this  Riuer,  but  Edward  Hopkins  Esq"^ 
and  Mr.  Willia  Whiteing  and  such  other  Marchants  as  they 
shall  take  to  the,  who  do  vndertake  to  endeauor  the  transpor- 
tatio  thereof  into  some  p^ts  beyond  the  seas,  and  to  make  such 
improuement  of  the  rest  as  op^'tunity  of  these  p^'ts  shall  p^sent, 
and  to  pay  to  the  seuerall  owners  4.s.  p'  bush,  for  wheat,  35.  p"" 
bush,  for  Rye,  and  3s.  p^  bush,  for  pease  ;  and  it  is  pJ'uided  that 
halfe  of  that  w^h  is  transported  this  p^'sent  yere,  if  yt  be  sent 
into  England,  the  aduenture  thereof,  in  case  the  ship  be  taken 
or  otherwise  miscary,  shall  be  borne  by  the  owners  thereof;  the 
payment  for  the  said  corne  to  be  made  by  the  said  Marches  at 


OF     CONNECTICUT.  117 

the  returne  of  the  shippe,  or  so  soone  as  returns  may  any  other- 
way  be  made,  and  to  be  paid  in  the  best  and  most  sutable  Eng- 
hshe  comodityes  that  may  be  p^cured  for  the  necessary  support 
of  these  plantations ;  they  are  not  to  receaue  fro,  nor  be  ac- 
coumptable  to,  any  owner,  vnder  a  100  bush.  And  it  is  by 
general!  consent  Ordered,  that  whosoever  vppon  this  Riuer 
shall  sell  or  send  out  any  Englishe  corne,  vnles  such  as  shall 
appeare  at  this  p^sent  tyme  to  be  truly  and  w^^iout  deceipte  in- 
gaged,  but  to  the  foresaid  company  of  Marches,  shall  forfeit  the 
one  halfe  of  such  graine  so  sould  or  sent  out  contrary  to  the 
true  meaneing  of  this  Order ;  and  halfe  of  the  graine  so  for- 
feted  shall  be  to  the  p^pr  vse  and  behalfe  of  he  or  they  that  shall 
discouer  the  same  deceipte,  and  the  other  halfe  to  the  Country  : 
pi'uided  that  any  the  Inhabitants  of  these  Plantations  may  sell 
or  exchaynge  the  said  Englishe  graine  among  theselves  notwi^ii- 
standing  this  Order. 

[133]  *  In  the  absence  of  the  Officer  of  the  Court,  the  Con- 
stable of  the  Towne  shall  searue  Executions. 

Ed :  Harnson  for  diuulgeing  slaunderous  speeches  ag^  Mr. 
Chester  is  fyned  5/.  to  the  Country. 

William  Phillips  pi.  agt  Tho.  Waples. 


[134]  Feb  :  5th,  i644. 

Ed:  Hopkins  Esq',  Go^. 
Jo:  Heynes  Esq"",  Dep. 

Mr.  Whiting,  Mr.  Webster,  Mr.  Welles,  Capten  Mason, 

Mr.  Woolcott. 

Mr.  Steele,  Mr.   Talcoat,  Mr.  Westwood,  Mr.  Cullicke, 

Mr.  Hill,  Mr.  Hull,  Mr.  Gaylard,  Mr.  Clarke,  Mr.  Ollister, 

James  Boosy,  Sam:  Smyth. 

Whereas  some  question  hath  rysen  concerneing  vnnessary 

tryalls  by  Jury,  and  found  by  experience  that  many  such  suts 

might  be  pi'uented  if  arbitrations  were  attended  in  a  more  pri- 

uat  way,  according  to  the  nature   of  the  differences,  w^h  is 

recomended  by  the  Court  to  all  the  Towns  of  this  Gouerment ; 

*The  two  entries  following  are  repeated  from^page  [131.] 


118  PUBLIC     RECORDS 

And  for  the  regulateing  of  Juryes  for  the  future,  It  is  Ordered, 
that  in  all  cases  W^^  are  entered  vnder  405,  the  sute  shall  be 
lefte  to  be  tryed  by  the  Court  of  Magestrats  as  they  shall  judge 
most  agreable  to  equity  &  righteousnes;  and  that  in  all  cases 
that  are  tryed  by  Juryes,  the  Court  of  Magestrats  shall  haue 
liberty,  if  they  doe  not  conceaue  the  Jury  to  haue  pi'ceeded 
according  to  their  euidence,  in  their  verdict  giuen  in,  to  cause 
them  to  returne  againe  to  a  second  consideration  of  the  case, 
and  if  they  continue  in  their  former  opinion  and  doe  not  in 
the  judgement  of  the  Court  attend  the  euidence  giuen  in  Court, 
it  shall  be  in  the  power  of  the  Court  to  impanell  another  Jury 
and  comitt  the  consideration  of  the  case  to  the. 

It  is  also  lefte  in  the  power  of  the  Court,  in  any  case  of  tryall 
to  vary  and  alter  the  damages  giuen  in  by  the  Jury,  as  they 
shall  judge  most  equall  and  righteous. 

But  if  any  find  theselues  agreiued,  ether  by  verdict  of  Jury, 
or  pi'ceedings  of  Court,  they  haue  liberty  to  apeale  to  the  Gen- 
erall  Court.  It  is  also  left  to  the  magestrats  to  impanell  a  Jury 
of  sixe  or  twelve,  as  they  shall  judge  the  nature  of  the  case' to 
require,  but  no  jury  shalbe  vnder  sixe,  and  if  4  of  the  agree,  or 
8  in  a  Jury  of  12,  the  verdict  shall  stand  as  if  the  whole  nuber 
of  ether  did  agree. 

It  is  also  Ordered,  that  the  Towns  shalbe  at  liberty  to  abate 
two  of  the  7  men  formerly  appoynted  for  the  dispose  of  grownd 
and  Ordering  of  Fences. 

The  former  Order,  concerneing  the  pryses  of  corne  is  re- 
pealed, and  it  is  Ordered,  that  for  all  bargens  hereafter  made  to 
be  paid  in  Corne,  and  for  the  worke  of  men  and  cattle,  wheat 
shall  be  payable  at  4s.  p'  bush.,  rye  at  3s.,  pease  att  3s.,  and 
Indean  att  2s.  rid.  pfuided  yt  be  marchantable  corne. 

For  the  p^^uenting  of  differences  that  may  arise  in  the  owne- 
ing  of  Cattle  that  be  lost  or  stree  away,  It  is  Ordered,  that  the 
owners  of  any  Catle  w^hin  these  Plantations  shall  earemarke  or 
brand  all  their  Cattle  and  swyne  that  are  aboue  halfe  a  yeare 
old  (except  horsses)  and  that  they  cause  their  seuerall  marks  to 
be  registred  in  the  Towne  booke;  and  whatsoeuer  cattle  shall 
be  found  vnmarked  after  the  first  of  May  next  shall  forfeit  5s. 
a  head,  whereof  2s.  vie?,  to  him  that  discouers  yt,  and  the  other 
to  the  Country. 


OF      CONNECTICUT  119 

Whereas  yt  is  expressed  in  the  late  bairgen  made  w^h  the 
Marchants,  that  there  shalbe  noe  EngUshe  grayne  sould  out  of 
this  Riuer  to  any  other,  It  is  the  judgement  of  the  Court  and  so 
Ordered,  that  whatsoeuer  wheat  shalbe  grownd  into  meale  or 
made  into  biskett,  that  all  such  meale  and  biskett  shall  com 
[135]  vnder  the  said  bairgen,  as  ||  also  malte  made  of  barly, 
pi'uided  the  said  Marchants  giue  for  such  molte  an  answerable 
price  to  other  Chapmen. 

;  Whereas  it  is  said  in  the  fundamentall  Order,*  that  the  Gen- 
erall  Court  shall  consist  of  the  Gouernour  or  some  on  chosen  to 
moderate  and  4  other  Magistrats  at  lest,  It  is  now  Ordered  and 
adiudged  to  be  alawfull  Courl,  if  the  Gou''  or  Deputy  w^h 
other  Magistrats  be  p'"sent  in  Court,  w^^  the  mayor  part  of 
deputyes  lawfully  chosen.  But  no  act  shall  passe  or  stand  for 
a  law,  w^^  is  not  confirmed  both  by  the  mayor  part  of  the  said 
Magistrats,  and  by  the  mayor  p^te  of  the  deputyes  there  pi'sent 
in  Court,  both  Magistrats  and  deputyes  being  alowed,  eyther 
of  the,  a  negatiue  voate.  Also  the  pi'ticuler  Court  may  be 
keepte  by  the  Gouernour  or  Deputy  w*^  f  other  Magistrats. 
Whereas  vppon  an  agreement  lately  contracted  J  by  some 
deputed  by  this  Jurisdiction  w^h  George  Fennicke  Esq"",  for 
and  concerneing  the  Fort  att  the  Riuers  mouth,  w^h  th'apurten- 
ances  and  disbursements  expended  there  by  himselfe  and  others, 
this  Jurisdictio  is  ingadged  to  pay  to  the  said  George  Fenwicke 
Esq"",  two  pence  p^  bush,  vppon  all  graine  that  shalbe  exported 
out  of  this  Riuer  for  tenn  yeares  ensueing,  after  the  first  of 
March  next,  and  six  pence  p""  C^  vppon  all  biskett  that  shall  in 
like  manner  be  exported,  as  by  the  said  agreeement  doth  and 
may  more  fully  appeare ;  For  the  p^uenting  of  all  abuses  and 
indirect  courses  that  may  be  attempted  or  taken  by  any  in 
euadeing  the  foresaid  payment  and  that  the  same  may  be  truly 
and  exactly  pi'formed,  according  to  the  true  intent  of  the  said 
agreements.  It  is  Ordered  by  this  Court,  that  noe  grayne  or 
byskett  shalbe  laden  by  any  aboard  any  vessell  in  this  Riuer, 

*Page   [226]  24. 

t  In  the  record  of  the  fundamental  Orders  as  amended,  in  [Vol.  ii.  p.  ]  this  blank  is 

filled  with  the  word  three. 

t  The  articles  of  agreement  bear  date  Dec  5th,  1644.  They  were  not  placed  upon  Record 
however,  until  several  years  afterward,  in  [Vol.  ii.  p.  59.]    See  Appendix,  No.  III. 


120  PUBLIC      RECORDS 

vntill  they  have  made  entry  of  the  number  of  the  bush,  of 
grayne  and  the  kynd  thereof,  and  waight  of  biskett  they  intend 
to  lade  aboard  any  such  vessell,  and  recorded  the  same  in  a 
booke  prouided  for  that  end  and  purpose,  w^^  such  p^^sons  as  by 
this  Order  are  appoynted  to  receaue  the  same,  vnder  the  penal- 
ty of  forfeting  the  on  halfe  of  all  such  grayne  or  biskett  that 
shalbe  laden  wt^out  entring  of  the  same  as  before  ;  the  on  halfe 
of  that  w^h  is  so  forfeted,  to  be  to  the  vse  of  the  Country,  and 
the  other  halfe  to  him  who  shall  discouer  the  same  and  informe. 
And  it  is  Ordered,  that  euery  man  who  lades  any  such  grayne 
or  biskett,  shall  take  care  and  prouide  that  there  be  paid  to  Mr, 
Fenwicke  or  his  assignes  att  Seabrooke,  the  two  pence  p""  bush. 
and  sixe  pence  p^"  Ct,  for  all  graine  and  biskett  so  laden  by 
them,  so  neere  as  may  be  in  the  same  kynd  of  graine  as  is  laden 
by  them,  or  if  otherwise,  to  the  content  of  him  or  his  assignes  ; 
the  laders  of  the  said  corne  being  lefte  notw^^standing,  in  all 
bargains  for  corne  made  before  this  time,  to  compownd  or  agree 
w^h  those  fro  whom  they  receaued  the  corne  so  sent  away,  or  in 
case  of  difference,  to  take  any  other  lawfull  course  to  haue  the 
said  chardge  of  two  pence  p""  bush,  determined  vppon  who,  ac- 
cording to  the  rules  of  equity  and  righteousnes,  yt  ought  lastly 
[justly  ?]  to  fail,  for  the  payment  thereof 

And  it  is  further  Ordered,  that  no  vessell  exporting  corne  or 
byskett,  shall  depart  from  any  of  the  seuerall  Townes  vppon 
this  Ruier,  vntil  the  M^"  thereof,  or  some  fro  him,  haue  taken  a 
[136]  noate  vnder  the  hand  of  him  ||  that  is  deputed  by  this 
Court  for  that  searuice  in  the  severall  Townes,  of  what  quanti- 
ties of  corne  or  biskett  is  laden  aboard  the  said  vessell,  W^^ 
noate  or  noats  shalbe  deliuered  by  him  to  Mr.  Fenwicke,  att 
Seabrooke,  or  his  assignes,  and  payment  made  of  the  two  pence 
p'  bush,  and  six  pence  p""  C*  according  to  this  Order,  or  satisfac- 
tion giuen  to  Mr.  Fenwicke  or  his  assignes  for  the  same  ;  and 
in  case  any  Mr  shall  refuse  or  neglecte  to  take  the  said  noate 
according  to  this  Order,  yt  shalbe  lawfull  for  those  who  haue 
the  chardge  of  the  Fort  att  Seabrooke  to  make  stay  of  the  said 
vessell  vntill  the  M^,  or  some  fro  him,  haue  brought  a  noate  or 
certificate  as  is  before  exp^ssed.  And  in  case  any  such  vessell 
shall,  in  a  surreptitious  manner,  gett  free  att  the  said  Fort, 
w^hout  a  cleare  dischardge  fro  Mr.  Fenwicke  or  his  assignes, 


OF     CONNECTICUT.  121 

eyther  the  vessell  or  the  M>-  thereof  shalbe  liable  to  pay  fower 
pence  p"^  bush,  for  all  graine  and  twelue  pence  p""  C^  for  all  bis- 
kett  that  is  exported  wthout  deliuery  of  such  noate  as  is  before 
exp^ssed,  yf  eyther  the  one  or  the  other  att  any  tyme  returne 
agayne  into  this  Riuer.  And  in  regard  to  the  conueniency  of 
the  sytuation  of  their  bowses,  being  neere  the  waterside, 
wherby  the  foresaid  Records  may  be  made  and  noates  pi'cured 
by  those  who  yt  may  concerne,  w^^  leste  troble,  Mr.  Jo:  Plum 
is  appoynted  and  desiered  to  attend  this  searuice  at  Wethers- 
field,  Edward  Siebbing  att  Hartford  and  Walter  Fyler  att 
Wyndsor. 

And  whereas  further,  by  virtue  of  the  forementioned  agree- 
ments, this  Jurisdiction  is  ingaged  for  the  said  tearme  of  tenn 
yeares  after  the  first  of  March  next,  to  pay  to  the  said  George 
Fenwicke  Esquire  twelue  pence  p""  ann'"  for  euery  hogge  that 
is  killed  in  any  of  the  Townes  vppon  the  Riuer,  eyther  for  mens 
pi'ticuler  occations  or  to  make  sale  of,  as  also  twelue  pence  p"" 
ann"»  for  euery  milch  cowe  or  mare  of  3  yeares  old  and  vpp- 
wards,  that  is  in  any  of  the  Townes  or  Farmes  vppon  this 
Riuer,  twenty  shillings  for  euery  hogshead  of  Beuer  traded  out 
of  this  Jurisdiction  and  paste  away  dowue  the  Riuer,  two  pence 
for  euery  pownd  of  Beuer  traded  w^hin  the  lymitts  of  the  Riuer, 
the  foresaid  payments  to  be  made  in  Beuer,  wampum,  wheat, 
barly  or  pease,  at  the  most  conion  and  indifferent  rates  ;  It  is  by 
this  Court  Ordered,  that  all  the  Inhabitants  of  this  Riuer  doe 
take  spetiall  notice  of  the  said  agreements  and  doe  pay  in  to 
George  Fenwicke  Esq"",  at  Seabrooke,  or  to  his  assignes,  att  or 
before  the  first  day  of  March,  1645,  and  so  euery  yeare,  att  or 
before  the  first  day  of  the  said  month  of  March,  vntill  the 
tearme  of  tenn  years  be  expired,  such  soms  as  shalbe  due  from 
them  vppon  any  of  the  foregoing  pi'ticulers ;  according  to  the 
meaneing  of  the  said  agreements,  or  in  case  they  be  respited 
by  the  forementioned  pi'sons,  who  are  betrusted  wt'i  the  order- 
ing of  these  payments,  for  a  longer  tyme,  that  they  bring  in 
such  payments  as  shalbe  due  fro  them,  to  such  place  or  places 
as  shalbe  appoynted  to  them  by  fhe  said  Trustees  in  ech  Towne, 
vppon  48  howers  warneing  or  notice  eyther  publickely  or  pri- 
uatly  made  knowne  and  giiien.  And  if  any  man  shall  neglecte 
to  make  the  said  payments  at  the  tyme  and  in  the  manner  be- 
12 


122  PUBLIC      RECORDS 

fore  specified,  he  shall  pay  two  pence  in  euery  shilling  alow- 
ance  p^  month,  vntill  the  whole  due  be  dischardged,  and  shall, 
vppon  his  owne  chardge,  keepe  the  grayne  or  other  payment  to 
be  made  by  him,  vntill  a  fitt  op^tunity  be  offered  of  conueying 
the  same  to  Seabrooke,  and  this  signified  by  the  said  Trustees. 
And  it  is  further  prouided  and  ordered,  to  p^uent  all  collusiue 
dealeing  wherebj-  the  true  meaneing  of  the  said  agrements 
might  be  frustrated,  that  if  any  man  shall  conceale  eyther  hoggs, 
mares,  cowes  or  beuer,  and  not  giue  true  notice  to  the  par- 
tyes  forementioned  and  appoynted  by  this  Order  to  take  record 
thereof,  he  shall  forfeite  the  on  halfe  of  what  shalbe  so  concealed 
by  him,  or  the  value  thereof,  the  on  halfe  of  that  w^^  jg  go  {q^. 
feted  to  be  to  the  vse  of  the  Country,  and  the  other  halfe  to 
[137]  him  who  shall  discouer  ||  and  informe  of  any  such  indi- 
recte  and  deceiptfull  proceedings. 

It  is  the  intent  of  the  Court,  and  accordingly  Ordered,  that 
euery  man  shall  pay  for  such  mares  and  cowes  as  are  in  his 
hands  euery  yeare,  the  first  day  of  February,  and  those  are  to  be 
esteemed  milch  cowes  as  haue  giuen  milke  the  yeare  before. 


[138]         A  P'TicuLER  Court,  March  the  5th,  I644. 

Ed:  Hopkins  Esq"",  Gou^. 

Jo:  Heynes  Esq"",  Dep. 

Mr.  Webster,  Mr.  Whiting,  Mr.  Welles,  Cap:  Mason, 
Mr.  Woolcott. 

The  Jury.  Mr.  Androwes,  Andrewe  Bacon,  Will'  West- 
wood,  Will'  Wodsworth,  James  Boosy,  Sa:  Smith,  Nath: 
Dickenson,  Tho:  Tracy,  John  More,  Sam:  Allen,  Dauid 
Wilton,  Math:  Graunt. 

Andrewe  Bacon  and  George  Graues  testifie  in  Court,  that 
they  being  wth  Tho:  Crumpe  when  he  was  sicke,  not  long  be- 
fore his  death,  askeing  him  how  he  would  dispose  of  his  estate, 
he  said,  his  debts  being  paid,  he  desiered  his  master  would  doe 
w***  yt  as  he  pleased.  • 

Ed:  Hopkins  Esq^,  Go'',  is  admitted  to  administer  the  estate 
of  Tho:  Crumpe,  late  of  Hartford,  deceased. 

In  the  action  of  Ed:  Elmor  and  Nath:  Willett  plant^  against 


OF     CONNECTICUT.  123 

Rich:  Trottdefent,  the  Jury  find  for  the  pl^^  sixpownde,  eleauen 
shillings  and  sixe  pence  damages  and  costs  of  Court. 

In  the  action  of  Tho:  Steynton  pi.  against  Math:  Allen  de- 
fen*,  the  Court  haueing  hard  the  witnesses,  find  that  Tho: 
Steynton  bought  and  paid  for  the  blanketts  lefte  by  Mr.  Aliens 
man  for  Hugh  the  millwright,  and  Mr.  Allen  ought  to  repay  the 
mony  formerly  taken  by  verdict  of  the  Jury,  yet  in  regard  of 
Tho:  Steyntons  formerly  prrutorines,*not  moueing  the  Court  for 
longer  tyme,  thereby  now  occationeing  further  treble  and 
chardge,  the  Court  adiudgeth  Math:  Allen  to  pay  to  Tho:  Steyn- 
ton twenty  shillings  and  the  chardge  of  this  Court,  and  the  other 
chardge  and  losse  to  lye  vppon  Tho:  Steynton. 

Rich:  Lord  being  conuented  before  the  Court  for  altering  an 
execution  issued  out,  his  misdemeanor  therein  is  looked  vppon 
as  an  offence  of  a  high  nature,  but  conceaueing  yt  a  sudden, 
inconsiderat  act,  and  finding  him  much  humbled  and  affected 
therewth,  giueing  full  acknowledgement  of  his  Offence,  he  is  ad- 
iudged  to  pay  to  the  County  fine  marke.f 

Daniell  Porter  for  his  former  thefte  is  fyned  xx5. 

The  said  Daniell,  Willia  Pantry  &  Rich:  Lord  acknowledge 
theselues  bownd  in  the  some  of  ten  pownd  to  the  Country ; 
pt'uided  the  said  Daniell  appeare  at  the  Court  to  be  held  at 
Hartford,  the  first  Thursday  in  June  next,  then  this  Recogni- 
zance to  be  voyd. 

The  Court  takeing  the  cariedge  of  Jeramy  Addoms  into  con- 
sideratio,  fynd  his  misdemeanor  great,  in  adhereing  to  Tho: 
Osmor  in  his  misapi^hensions  about  the  execution,  and  giueing 
him  incouridgement  by  pi'uoking  speches  to  resist  the  officer, 
but  espetially  hispassionat  distempered  speches,  lowd  languadge 
&  vnmannerly  cariedge  in  the  face  of  the  Court,  to  the  great 
offence  of  the  beholders,  Require  him  to  appeare  at  the  next 
p^'ticular  Court,  there  to  receaue  such  censure  as  the  Court 
shall  conceaue  his  misdemeanour  to  desearue. 

The  Arbitration  vppon  the  sute  of  Tho:  Dewye  pi.  ag^^  Tho: 
Ford  def',  is  fownd  good,  and  Tho:  Ford  is  to  pay  the  36s. 
awarded  therein  and  chardges  of  the  Courte. 

Peter  Bassaker  acknowledgeth  himselfe  bownd  in  xxl.  to  the 
Country,  p^'uided  if  he  appeare  at  the  Court  to  be  held  in  Hart- 

*PereniptorineBs.  t  A  mark  =  13s.  4d. 


124  .PUBLIC     RECORDS 

ford,  the  first  Thursday  in  June  next,  then  this  Recognizance 
to  be  voyde. 

[139]  Susan  Coles,  for  her  rebellious  cariedge  toward  her 
mistris,  is  to  be  sent  to  the  howse  of  correction  and  be  keept  to 
hard  labour  &  course  dyet,  to  be  brought  forth  the  next  lecture 
day  to  be  publiquely  corrected,  and  so  to  be  corrected  weekely 
vntill  Order  be  giuen  to  the  contrary. 

Tho:  Osmore,  for  some  exp'ssions  vsed  by  [him']  tending  to 
the  derogatio  of  the  justice  of  the  Court  vppon  an  execution 
issued  out  of  the  Court,  is  fined  vi/.  13s.  4d, 

Robert  Bedle,  for  his  loathsu  and  beastly  demeanor,  is  ad- 
iudged  to  be  brought  forth  the  next  lecture  day,  to  be  seuerely 
scourdged,  and  to  be  keept  in  the  howse  of  correctio  a  fort- 
night longer,  and  then  brought  forth  againe  to  be  publiquely 
whipped,  and  then  to  be  bownd  to  appeare  at  euery  quarter 
Court  to  be  whipped,  vntill  the  Court  see  some  reformation  in 
him,  &c  shall  see  cause  to  release  him. 

Walter  Gray,  for  his  misdemeanor  in  laboring  to  inueagle 
the  affections  of  'Mr.  Hoockers  mayde,  is  to  be  publiquely  cor- 
rected the  next  lecture  day. 

The  said  Walter  Gree  hath  forfeited* 


[140]     The  Court  of  Election  the  lO^h  of  Aprill,  1645. 

John  Heynes  Esq"^,  Gouf. 
Ed:  Hopkins  Esqr,  Dep. 

George   Fenwicke  Esq^  Mag.     Roger  Ludlow  Esqi", 

Mag.  Mr.  Whiteing,  Tres'^,  Mag.  Capten  Mason,  Mag. 

Mr.  Webster,  Mag.  Mr.  Welles,  Mag.,  Seer.  Mr.  Wool- 

cott,  Mag. 
[Deputyes.]     Mr.   Steele.  Mr.   Talcoat,  Mr.   Trott,    Mr. 

Ollister,  Mr.  Phelps,  Mr.  Gaylard,    James  Boosy,    Sa: 

Smith,  Tho:  Newnton. 
John  Byssell  is  freed  fro  Trayneing. 

Freemen ;     Robert   Bartlet,   Rich:  Fellowes,  John  Halls, 

Math:  Webster,  Jo:  Welles,  Tho:  Barbor. 

*  This  entry  remains  thus  incomplete. 


OF     CONNECTICUT.  125 

Whereas  yt  was  Ordered,  that  the  Towns  should  trayne  6 
dayes  in  the  first  weeks  of  seuerall  months,  It  is  now  Ordered, 
that  the  Capten  may  require  the  souldears  to  trayne  3  dayes  att 
any  tyme  w^^in  the  months  of  Aprill,  May  and  June,  and  3 
dayes  in  Septeber,  October  &  Noueb"". 

James  Boosy  is  chosen  Clarke  of  the  band  for  Wethersfield. 

Henry  Gray  of  Vncowaue,  for  his  many  misdemeanors,  is 
adiudged  to  be  imprysoned  duereing  the  pleasure  of  the  Court, 
and  to  be  fyned  ten  pownd. 

Jehue  Burre  the  elder,  and  Tho:  Barlowes  are  to  be  warned 
to  the  next  pi'ticuler  Court. 

There  is  a  lyberty  of  two  Fayres  to  be  keepte  yearely  att  Hart- 
ford, one  vppon  the  second  Wensday  in  Maye,  the  other  the 
2^  Wensday  in  Septeber. 

Whereas  there  hath  bine  much  dispute  about  the  highwaye 
betweene  Wyndsor  and  Hartford,  w^h  hath  bine  lately  vsed  in 
coining  through  the  meadowe  of  Hartford  w*''  carts  &  horses, 
to  the  anoyance  and  pi'iudice  of  the  Inhabitants  of  Hartford 
that  haue  lotts  in  the  said  meadowe.  It  is  therefore  thought 
meete  and  so  Ordered,  that  the  high  waye,  as  for  carts,  catle 
and  horsses,  be  stopped  vppe,  and  that  the  highwaye  betweene 
the  said  Wyndsor  and  Hartford  in  the  vpland  be  well  and  pass- 
ably amended  &  mayntayned  for  a  continuance,  by  Hartford 
as  much  as  belongs  to  them  and  by  Wyndsor  as  much  as  be- 
longs to  them  ;  the  said  highwaye  to  be  amended  by  ech  pi'ty 
by  sixe  weeks  or  two  months,  vppon  the  penulty  of  twenty  shil- 
lings pr  weeke  for  that  p^y  that  fayles  ether  in  the  whole  or  in 
pne,  as  long  as  it  soe  lyes  not  sufficiently  repaired  and  mayn- 
tayned ;  and  at  the  sixe  weeks  end  or  two  months  end,  Mr. 
Webster  and  Nath:  Waird  doe  seriously  surueye  that  p^te  wci» 
belongs  to  Wyndsor,  and  that  Henry  Woolcott  the  elder  and 
Jo:  Porter  doe  surueye  that  p^'te  w^ii  belongs  to  Hartford,  and 
certifie  of  the  sufficiency  of  the  said  highwaye,  to  the  next 
prticuler  Court,  who  are  delinquents,  and  the  penulty  to  be 
leuyed  vppon  the  delinquent  p^ty  wti^out  any  fauor  or  affijction, 
both  for  fayleing  att  the  tyme  aforesaid,  as  also  for  future  the 
like  penulty  vppon  the  p^sentment  of  the  insufficient  mayntayne- 
ing  thereof. 

The  Gouernour  is  content  to  goe  twice  this  yeare  to  keepe 
12* 


126  PUBLIC     RECORDS 

Court  at  the  seaside  (vppon  the  motion  of  Mr.  Ludlowe,  in  the 
behalfe  of  the  Plantations  there,)  and  hath  Hberty  to  take  what 
magistrate  he  pleaseth  to  assist  him ;  or  in  case  his  occations 
will  not  prmitt  him  to  goe  himselfe,  he  may  appoynt  some  other 
in  his  steed. 

The  Gour  &  Deputy  w^h  Mr.  Whiting,  Mr.  Webster  and 
Mr.  Welles,  are  desiered  to  determine  and  settle  any  differences 
that  shall  arise  about  the  2c?.  pi^  bush,  to  be  paid  for  the  Corne 
that  shalbe  exported. 

The  Court  is  adiorned  vntill  the  2^  Wensday  in  Maye. 


[141]  May  the  13th,   1545. 

It  is  desiered  that  the  Gou^,  Mr.  Deputy,  Mr.  Fenwicke,  Mr. 
Whiting  and  Mr.  Welles  should  agitate  the  busines  concerne- 
ing  the  enlardgement  of  the  libertyes  of  the  Patent  for  this  Ju- 
risdiction, and  if  they  see  a  concurrence  of  opi'tunityes,  both  in 
regard  of  England  *  they  haue  liberty  to  pi'ceed 

therein,  att  such  resonable  chardge  as  they  shall  judge  meete, 
and  the  Court  will  take  some  speedy  course  for  the  dischardge 
and  satisfieing  the  same,  as  y  t  shalbe  concluded  and  certified  to 
the  Court  by  the  said  Comittee  or  the  greater  p'^te  of  them. 

The  Courts  adioyrned  to  the  2*^  Wensday  in  July,  or  sooner 
if  the  Gou""  see  cause  to  call  vt. 


June  the  5^^,  1645.     The  Pi^ticulee  Court. 

Jo:  Heynes  Esq"",  Gou^". 
Ed:  Hopkins  Esqf,  Dep. 

Roger  Ludlowe  EsqJ",  Mr.  Webster,  Capten  Mason,  Mr. 
Welles,  Mr.  Woolcott. 
The  Jury.      Ed:  Stebbing,  Leonard  Chester,  fyned  5s., 
John  Robins,  fyned  5s.,  James    Boosy,    John  Demon, 
Will:'  Gybbins,  Nath:  Elye,    John   Willcoxe,  Huphry 
Pynny,  Stephen  Terry,  Roger  Williams,  Jo:  Banks. 
In  the  action  of  slaunder  of  Tho:  Sherwood  the  elder,  pi. 
agaynst  Henry  Graye  defen',  the  Jury  find  for  the  plan*,  costs 
of  Court  and  damages  twenty  pownd. 

•This  blank  in  the  originaL 


OF     CONNECTICUT.  127 

In  the  2^  action  of  slaunder  of  Tho:  Sherwood  the  elder,  pi. 
ag'  Henry  Graye  defend  the  Jury  find  for  the  plant  costs  of 
Court  and  damages  fower  pownd. 

In  the  action  of  slaunder  of  Tho:  Sherwood  the  elder,  pl^e, 
agt  Jehue  Burre  the  elder,  defS  the  Jury  find  for  the  plan*,  costs 
of  Court  and  damages  fifteene  pownd. 

In  the  action  of  Jehue  Burre  the  elder,  plan*,  ag*  Tho:  Sher- 
wood the  elder,  defen*,  the  Jury  find  for  the  defend  costs  of 
Court. 

[142]  Nath:  Dickenson  and  Tho:  Coleman  are  to  take  a  pi'tic- 
ular  of  the  estate  of  Mr.  Parks  man  deceased  and  bring  yt  to 
the  Court ;  and  for  the  wages  due  to  him,  it  may  be  respited 
vntill  we  heare  fro  Mr.  Parks,  or  his  returne. 

Baggett  Egleston,  for  bequething  his  wife  to  a  young  man,  is 
fyned  20s. 

George  Tuckye,  for  his  misdemeanor  in  words  to  Eglestons 
wife,  is  fyned  40s.,  and  to  be  bownd  to  his  good  behauior  and 
to  appeare  the  next  Court. 

Tho:  Ford  acknowledgeth  himselfe  to  be  bownd  in  xZ.  to  this 
Coinonwelth  and  George  Tucky  in  20/.,  that  the  said  George 
shall  appeare  at  the  next  Court,  and  keepe  good  behauior  in  the 
meane  season. 

The  information  agt  Henry  Graye  read  in  Court,  is  to  be  in- 
quired into  by  the  Magistrats  that  goe  to  Stratford,  and  he  to 
continue  bownd. 

Rich:  Lord  brought  Maruins  man*  into  the  Court  according 
to  his  Recognizance. 

Tho:  Ford  pi.  ag^  Josiah  Hull  and  Rich:  Oldridge  deft^  in  an 
actio  of  the  Case,  to  the  damage  of  30/. 

WilUam  Edwards  pi.  ag^  Jonathan  Rudde,  vppon  an  attach', 
2s.  Gd. 

Will'  Edwards  acknowledgeth  himselfe  bownd  in  a  Recogni- 
zance of  5/.  to  p^secute  &  make  good  his  actio. 

Tho:  Staples  pi.  ag*  Clement  Chaplin  deft. 

Rysly  agt  Watts.     Basset  agt  Tharpe. 

Chappell,  the  Taylar,  [ag']  Southmead. 

*  Daniel  Porter.    See  p.  [138]  123. 


128  public    records 

July  the  9*^,  1645. 

Ed:  Hopkins  Esqf,  Dep. 

Mr.  Webster,  Mr.  Whiting,  Mr.  Welles,  Mr.  Woolcott. 
[Deputyes  :]— Mr.  Steele,  Mr.  Talcoate,  Mr.   Phelps,  Mr. 

Gaylard,  Mr.    Trott,   Mr.  Ollister,    James  Boosy,  Sa: 

Smith. 

Whereas  Mr.  Fenwicke,  Capten  Mason  and  James  Boosy 
haue  had  some  treaty  w^^  Math:  GryfFen,  for  fortification  att 
the  Forte,  who  haue  reported  to  the  Court  how  far  they  haue 
pi^ceeded  therein,  and  the  Court  doth  approue  of  their  pi'posi- 
tions,  and  desire  they  would  take  some  speedy  op^'tunity  for  the 
full  issueing  and  p^fecting  the  said  bairgaine,  and  there  is 
graunted  by  the  Court  a  rate  of  200/.  to  be  leuied  on  the  Plan- 
tations, towards  the  dischardge  thereof;  and  Mr  Talcott  is 
desiered  to  assiste  the  said  Comittee  therein,  and  to  take  care 
for  the  speedy  accomplishement  thereof,  and  to  p^uide  any 
necessaryes  for  the  carieing  on  the  same  ;  the  rate  is  to  be  paid 
in,  in  such  grayne  and  att  such  prises  as  the  Comittee  shall 
agree  to  alowe  the  partyes  they  contracte  wt*»all  aboute  the 
worke. 

Will'  Smith  of  Wethersfield  is  chosen  Clarke  of  the  band  for 
that  Towne,  and  to  vewe  the  Arms. 

It  is  Ordered  that  the  Magestrats  or  the  greatest  p'^te  of  the 
shall  haue  liberty  if  they  see  cause  to  pi'sse  men  and  munition 
for  a  defensiue  warre,  or  to  defend  the  Mohegins  vntill  the  next 
sitting  of  this  Courte. 

There  is  a  Rate  of  50/.  graunted. 
[143]     Mr.  Fenwicke  and  Mr.  Hopkins  are  chosen  Comission- 
ers  for  the  next  meeting  in  September  att  Newhauen,  and  for 
this  yeare  following. 

Its  Ordered,  that  there  shall  be  a  letter  directed  fro  the  Court 
to  desire  Mr.  Fenwicke,  if  his  occations  will  pfmitt,  to  goe  for 
Ingland  to  endeauor  the  enlardgement  of  Pattent,  and  to  fur- 
ther other  aduantages  for  the  Country. 


of    connecticut.  129 

The  P^ticuler  Court.     July  the  x'^^   1645. 

Ed:  Hopkins  Esq^. 

Mr.  Webster,  Mr.  Welles,  Mr.  Woolcot,  Mr.  Whiting. 

Ruth  Fishe,  for  coihitting  fornicatio,  is  adiudged  to  be  twice 
whipped,  once  here  after  the  first  lecture  at  this  Towne  &  once 
at  Wethersfield. 

Leonard  Dyks,  who  shee  accuseth  to  be  the  father  of  the 
child,  is  adiudged  to  keepe  the  child,  and  to  be  whipped,  and 
vppon  his  refusall  to  submit  he  is  to  be  sent  to  the  howse  of 
correction,  there  to  be  held  to  hard  labour  and  course  dyet,  and 
what  he  can  gett  aboue  the  chardge  of  his  dyet  is  to  be  keept 
toward  the  mayntenaunce  of  the  child. 

John  Coltman,  for  his  misdemeanour  and  vnseemely  cariedge 
toward  Ruth  Fishe,  and  disobeying  the  Gouernours  comaund, 
is  to  be  fyned  fiue  pownd. 

Math:  Williams,  for  coinitting  fornication  w^h  Susan  Cole,  is 
adiudged  to  be  twice  whipped  and  to  be  fyned  fiue  pownd. 

Susan  Cole  is  to  be  twice  whipped,  once  now  and  once  at  the 
next  lecture. 

Mr.  Allen  is  to  respite  his  corne  in  his  hand,  (demaunded  by 
the  powndkeepr  on  the  north  side  at  Hartford,)  and  is  to  bring 
his  action  the  next  Court,  ag*  such  whose  fences  were  then  open 
when  his  hoggs  were  impownded. 

The  laste  will  &  testament  of  Edward  Vere  is  brought  into 
the  Court. 


[144]  Sep:  4*^,  1645. 

John  Heines  Esq"",  Go^. 
Ed:  Hopkins  Esq'. 

Mr.  Webster,  Capten  Mason,  Mr.  Welles,  Mr.  Woolcott. 

The  Jury.— Mr.   Cullicke,   Jo:  White,  Tho:  Ford,  Rich: 

Goodma,  Nath:  Dickenson,  Tho:  Coleman,  Jo:  Stadder, 

Tho:  Hurlbut,  Dauid  Wilton,  Tho:  Gunne,  Tho:  Dewy, 

Robert  Howard. 

In  the  action  of  John  Robins  pi.  agt  Leonard  Chester  defend 

the  Jury  find  for  the  defen*  the  chardges  of  the  Court. 


130  PUBLIC      RECORDS 

In  the  action  of  Sam:  Gardner  pi.  against  Leonard  Chester 
deft,  the  Jury  find  for  the  pi.  [costs  of]  Corte. 

In  the  action  of  Berding  pi.  against  Edwards,  Edwards  is  to 
pay  Berding  fine  shillings.     55. 

In  the  action  of  George  Chappell  pi.  ag*  Leonard  Chester, 
the  Jury  find  for  the  def*  the  chardges  of  the  Court. 

Bacon  pi*. 

Will'  Colefoxe,  for  his  misdemeanor,  is  to  be  fyned  xxs. 

George  Chappell,  for  abuseing  the  Constable  and  excesse  in 
drinkeing,  is  to  be  bownd  to  his  good  behauior  and  to  be  fined 
fiue  pownd.     5/. 

Will'  Brumfield,  for  drunkenes  and  strickeing  the  watchmen, 
is  to  be  bownd  to  his  good  behauior  and  fyned  fifty  shillings. 

Mr.  Chester,  for  resisting  the  Constable  and  other  miscaried- 
ges  in  the  Court,  is  fyned  forty  shillings.     40s. 

James  Northa  is  bownd  in  10/.,  Will'  Brumfield  in  20l,  that 
Will'  Brumfield  keepe  good  behauior  and  appeare  the  next 
Court. 

Rich:  Belding  is  bownd  in  xx/.,  George  Chappell  in  10/.,  that 
the  sd.  George  keepe  good  behauior  and  appeare  the  next  Court. 


Sep.  xith,  1645.     The  GewH  Court. 

Jo:  Heines  Esqi^,  Go"". 
Ed:  Hopkins  Esq',  Dep. 

Roger  Ludlowe  Esqf,  Mr.  Webster,  Capten  Mason,  Mr. 

Welles,  Mr.  Woolcott. 

Deputyes ;— Mr.  Steele,  Mr.  Talcoate,  Mr.  Ollister,  Mr. 

Trott,  Ja:  Boosy,  Sa:  Smith,  Mr.  Phelps,  Mr.  Hull,  Mr. 

Gaylard,  Mr.  Roceter,  Jehu  Burre,  Will'  Berdsly,  Tho: 

Sherwood. 

Mr.  Webster  is  desiered  to  cause  the  Constables  of  Hartford 

to  bring  in  a  iust  accoumpte  of  all  the  pniculer  and  seu'all 

chardges  of  the  late  warrs,*  and  for  the  support  of  Vncus.     Mr. 

*  Against  the  Narragansetts  and  Niantics,  for  the  defence  and  protection  of  Uncas  and  the 
Mohegans.  This  war  was  determined  upon  by  the  Commissioners  of  the  U.  Colonies,  at  a 
speciall  session  in  June,  1645,  and  300  men  were  ordered  to  be  raised  in  the  several  colonies,  of 
which  number  Connecticut  was  to  furnish  40.   But  the  timely  submission  of  Pessacus,  Ninegret 


OF     CONNECTICUT.  131 

Roceter  to  doe  the  like  for  Wyndsor,  Ja:  Boosy  for  Wethers- 
field. 

Mr.  Whiting  is  desiered  to  sell  the  pmisions,  and  make  pay  to 
the  souldears,  and  giue  accoumpte  for  the  reste. 

The  pniculer  Courte  is  to  be  held  the  2^  Thursday  of  the  next 
month.  ^ 

The  Goui"  and  Mr.  Hopkins  are  desiered  to  speake  or  write 
to  Mr.  Fenwicke,  that  in  regard  there  hath  not  bine  a  due  ac- 
coumpte giuen  in  of  all  the  corne  transported  this  yeare,  and  in 
regard  of  some  difficultyes  by  who  the  pay  should  be  made  in 
bargains  made  before  this  agreement  w^h  him,  that  this  agree- 
ment may  not  begin  vntill  the  first  day  of  March  next;  bee.  it  is 
found  very  inconuenient  to  stay  vessells  for  the  deliuery  of  the 
[145]  corne  att  the  Riuers  mouth,  that  he  will  assent  that  a  ||  man 
may  be  chosen  in  ech  Towne  to  rec.  and  lay  vppe  such  corne 
as  may  be  due  to  him  vppon  the  said  bargyne,  w^h  shalbe  in 
redines  to  be  sent  him  att  his  demaund ;  and  the  Court  doth 
agree  that  whoeur  doth  shippe  away  corne  w^hout  glueing  due 
satisfaction,  according  to  agreement,  the  whole  shalbe  forfeted, 
■J  to  him,  ^  to  him  that  shall  discou''  the  fraud,  ^  to  him  that 
keepeth  the  accoumpte  of  the  corne  in  the  Towne  where  any 
such  grayne  is  shipped. 

The  Court  hath  Ordered,  that  30/.  in  wheat  and  pease  be  paid 
to  the  Gou"",  and  Indean  corne. 

It  is  Ordered,  that  all  the  swyne,  ether  hoggs  or  shouts,  in  the 
seuerall  Plantations,  that  are  keept  att  home  w^^in  the  Towne, 
shall  by  Aprill  next  be  rynged  or  yoaked,  or  kept  vppe  in  their 
yards,  vnder  the  penulty  of  fower  pence  for  euery  such  swyne, 
to  be  paid  by  the  owner  to  the  p^ty  that  shall  take  the  swyne  so 
defectiue  and  impownd  them.  Also,  all  such  swyne  that  are 
keept  by  Heards,  in  the  woods,  shall  not  be  suffered  to  abyde 
aboue  on  night  in  the  Towne,  but  yt  shalbe  lawful!  to  impownd 
them  in  case  they  com  at  any  tyme  home,  fro  the  mydle  of 
March  to  the  mydle  of  Nouember.  Fayerfield  &  Stratford 
desire  to  be  included  in  this  Order. 

The  Court  is  adiorned  to  Wednesday  com  3  weekes. 

and  their  confederates,  prevented  the  further  prosecution  of  hostilities  ;  and  on  the  27th  of  August, 
a  treaty  of  peace  was  signed  at  Boston,  between  the  Comm'rs  and  the  principal  sachems  of  the 
Narragansetts  and  Niantics.     (Records  of  U.  Col.,  Aug.  1645.) 


132  PUBLIC     RECORDS 

October  the  viijti^,  1645. 

Jo:  Heynes  Esq)",  Go^. 

Ed:  Hopkins  Esq"",  Dep. 

George  Fenwicke  Esq^  Mr.  Webster,  Capten  Mason, 
Mr.  Whiting,  Mr.  Welles,  Mr.  Woolcott. 

[Deputyes  ;]-4lMr.  Phelps,  Mr.  Steele,  Mr.  Talcoate,  Mr. 
Roceter,  Mr.  Trott,  Mr.  Ollister,  Ja:  Boosy,  Sa:  Smith. 
Mr.  Webster  is  agayne  desiered  to  call  to  him  the  Constables 
of  Hartford  and  to  gather  in  a  true  accoumpte  of  all  the  ex- 
pence  of  the  last  expedition ;  James  Boosy  to  doe  the  like  att 
Wethersfield  w^i»  the  Constables  there,  and  Mr.  Roceter  for 
Wyndsor  ;  and  when  that  is  done  they  are  to  bring  the  to  Mr. 
Hopkins,  who,  w^h  Mr.  Whiting,  Mr.  Webster,  Mr.  Roceter 
and  the  said  Ja:  Boosy,  are  to  examine  the  said  accoumpts,  and 
also  to  cause  notice  to  be  giuen  in  the  seu'^all  Townes,  that 
what  is  due  to  any  fro  the  Country,  in  any  other  respects,  be 
brought  in  to  the,  and  to  ranke  the  said  debts  oweing  vnder 
seuerall  heads,  both  what  is  payable  by  this  Collony,  and  w^  be- 
longs to  the  whole  combination,  as  also,  w^  may  concerne  the 
seu''all  Townes  of  theselues  to  dischardge ;  and  to  make  returne 
of  the  same  to  the  next  sitting  of  this  Court,  w^  p^uision  shalbe 
suddenly  made  to  dischardge  all  the  said  debts  in  the  best  order 
the  Country  can. 

[146]  The  accoumpts  of  the  seui'all  Townes  are  to  be  brought 
in  to  Mr.  Hopkins,  wt^in  14  dayes  at  furthest,  vnder  the  penulty 
of  \s.  a  day  as  long  as  yt  shalbe  omitted,  by  those  who  are 
herein  betrusted,  and  then  w^^  all  conuenient  speed  to  be  issued 
by  him  and  the  rest  ioyned  w^^  him,  as  before. 


The  P''ticuler  Courte.     October   the  ix^h,  1645. 

Jo:  Heynes  Esq^",  Go"". 

Ed;  Hopkins  Esq',  Dep. 

George  Fenwicke  EsqS    Mr.  Webster,  Mr.    Woolcot, 
Capten  Mason,  Mr.  Whiting,  Mr.  Welles. 

Jtiry : — Henry  Clarke,  Jo:  Byssell,  Henry  Woolcot,  Tho: 
Thornton,  Dauid  Wilton,  Aron  Cooke,  Mr.  Trott,  Mr. 


OF     CONNECTICUT.  133 

Chester,  Ja:  Boosy,  Sa:  Smith,  John  Ollister,  Tho:  Cole- 
man. 

In  the  action  of  Math:  Allen  pi.  agt  Ed:  Hopkins  Esq^  defS 
the  Jury  find  for  the  def  that  he  is  no  trespasser  vppon  a 
staunch  water,  and  costs  of  Court  &  Avitnesses. 

In  the  action  of  Ed:  Hopkins  pi.  agt  Will'  AVhiting  and  Rich: 
Lord  deftSj  the  Jury  find  for  the  pi.  421.  damages,  and  costs  of 
Court  &;  witnesses. 

In  the  action  of  John  Hewyt  pi.  ag*  Jo:  Demon  deft,  the  Jury 
find  for  the  pi.  36s.  daiTiages,  &  costs  of  Court. 

Jo:  Demon  is  to  pay  Preston  20.9.  &  to  be  coinitted. 

Math:  Allen,  for  his  mysdemeanor  in  Court  is  fined  xl. 

In  the  ac.  of  Tho:  Staunton  pi.  agt  Math:  Allen  deft,  the 
Court  adiudgeth  Math:  Allen  to  pay  the  pi.  14s.  2d.  &,  costs  of 
Court. 

In  the  ac.  of  Hewyt  pi.  agt  Demon,  the  Court  adiudgeth 
Demon  to  pay  10s.  to  the  pi.  &  to  leaue  10s.  w^h  Tho:  Ford 
vntill  yt  appeare  whether  the  other  p'tner  were  formerly  paid 
10s,  and  the  costs  of  Court. 


[147]  Deccber  the  first,  1645. 

Jo:  Heynes  Esq"",  Gou^ 
Ed:  Hopkins  Esq"",  Dep. 

Capten  Mason,  Mr.  Woolcott,  Mr.  Webster,  Mr.  Whi- 
ting, Mr.  Welles. 
[Dep2Ui/es :] — Mr.  Trotte,   Mr.   Ollister,   Ja:    Boosy,  Jo: 
Demon,  Mr.  Hull,  Mr.  Staughton,  Mr.  Steele,  Mr.  Tal- 
cott. 
Its  Ordered,  that  the  Plantation  cauled  Tunxis  shalbe  cauled 
Farinington,  and  that  the  bownds  thereof  shalbe  as  followeth  ; 
The  Esterne  bownds  shall  meet  w^h  the  westerne  of  these  Plan- 
tations, w^  are  to  be  fiue  myles  on  this  side  the  great  Riuer, 
and  the  Northern  bownds  shall  be  fiue  myles  fro  the  hill  in  the 
great  meadow  towards  Masseco,  and  the  Southerne  bownds 
fro  the  said  hill  shalbe  fiue  myles,  and  they  shall  haue  liberty  to 
improue  ten  myles  further  then  the  said  fiue,  and  to  hinder 
13 


134  PUBLIC     RECORDS 

Others  fro  the  like,  vntill  the  Court  see  fitt  otherwise  to  dispose 
of  yt.  And  the  said  Planta.  are  to  attend  the  generall  Orders 
formerly  made  by  this  Court,  setled  by  the  Coinittee  to  who 
the  same  was  referred,  and  other  occations,  as  the  rest  of  the 
Plantations  vppon  the  Riuer  doe.  And  Mr.  Steele  is  intreated 
for  the  pi'sent  to  be  recorder  there,  vntill  the  Towne  haue  one 
fitt  among  theselues.  They  also  are  to  haue  the  like  libertyes 
as  the  other  Townes  vppon  the  Riuer,  for  making  Orders  among 
theselues,  pi'uided  they  alter  not  any  fundamentall  agreements 
settled  by  the  said  Coinittee,  hitherto  attended. 

The  Constables  of  Hartford  are  to  gather  vp  the  knapsacks, 
pouches,  powder  &  buUetts,  vsed  in  the  last  designe,  and  de- 
liuer  them  to  Mr.  Talcott  to  be  kepte,  and  researue  &  take  a 
noate  in  writeing  of  all  the  p^ticulers  so  deliuered,  and  returne 
yt  to  the  Secretary. 

The  like  is  to  be  done  by  John  Drake  &  George  Phelps  for 
Wyndsor,  and  the  Constables  of  Wethersfield  for  Wethersfield, 
and  deliuer  them  to  Mr.  Talcotte,  and  returne  a  noate  of  the 
pi^ticulers  to  the  Secretary. 

There  is  a  Rate  of  400/.  graunted  to  be  paid  by  the  Country : 
Out  of  this  Stratford  and  Faierfield  are  to  pay  45,  as  conceaued 
to  be  according  to  their  pi'portion ;  Southampton  10/.,  who  are 
to  be  warned  to  com  to  the  Court  in  Aprill,  where  their  due 
p'portions  may  be  determined;  Seabrooke  is  to  pay  15,  and 
Tunxis  x/. ;  Hartford,  136  ;  Wyndsor,  102  ;  Wethersfield,  102. 
The  Tresurer  is  to  send  out  his  warrants  for  the  leuying  these  on 
the  seuerall  Townes,  wt^in  one  weeke,  to  be  brought  in  wthin  vi 
weeks. 

Tho:  Graues  is  freed  fro  Trayneing,  watching  &c  warding. 
It  was  also  agreed,  that  in  pi"suance  of  the  bargaine  w^^  Mr. 
Fenwicke,  for  this  pi'sent  yeare,  the  noats  that  should  be  sent  by 
ech  vessell  to  Seabrooke  shalbe  sent  in  to  Mr.  Hopkins  as  Mr. 
F.  Assigne,  and  that  w^'^in  sixe  days  after  the  kylling  of  any 
hogge  or  swyne  notice  shalbe  giuen  to  the  p^sons  betrusted  in 
the  seuerall  Townes  thereof,  vnder  the  penultyes  expi'ssed  in 
the  agreement,  who  is  ether  to  take  pJ'sent  pay  for  the  same,  or 
if  he  researue  yt  in  the  hands  of  those  that  are  to  dischardge  yt, 
he  is  to  be  accoumptable  for  yt  to  Mr.  Fenwicke  or  his  assignes 
when  yt  is  sent  for  ;    and  the  like  he  is  also  to  doe  for  the  rest 


OF     CONNECTICUT.  135 

of  the  payments  that  shalbe  due.  Ed:  Stebbing  is  appoynted 
for  this  searuice  for  Hartford,  Walter  Fyler  for  Wyndsor,  & 
Mr.  Trotte  for  Wethersfield. 

Nath:  Dickenson  is  appoynted  to  be  Recorder  for  Weth- 
ersfield. 

The  Court  is  adiourned  to  the  first  Wensday  in  February, 
after  lecture. 


[148]  Decc:  4th,  1545. 

Jo:  Heynes  Esq^,  Go^. 
Ed:  Hopkins  Esq',  Dep. 

Capten  Mason,  Mr.  Woolcott,  Mr.  Webster,  Mr.  Whi- 
ting, Mr.  Welles. 
The  Jury :     Andrewe  Bacon,  Tymothy  Standly,  James 
Boosy,  John  Goutridge,  Jo:  Hawles,  Anthony  Howkins, 
Will'  Lewis,  Tho:  Osmore. 
In  the  action  of  defamation  of  John  Pratte  pi.  ag*  Math: 
Allen  defenS  the  Jury  find  for  the  plant,  thirty  pownd  damages 
and  costs  of  Courte. 

In  the  action  of  the  Case  of  Clement  Chaplin  pi.  ag*  Samuell 
Smith  deft,  the  Jury  find  for  the  defen*,  costs  of  the  Courte. 

John  Eauens  pi.  ag*  M^'s  Parks ;  agt  George  Chappell ;  ag* 
Robert  Burrowes. 

Will'  Boreman  pi.  agt  Jo:  Stadder. 

Will'  Boreman,  for  not  pi^secuting,  is  to  pay  the  def*  2s.  V\d. 
Tho:  Osmore  pi.  ag*  Rich:  Fellovves. 

John  Westall  is  to  pay  Tho:  Osmore  fine  bush:  of  Indean 
come,  the  chardges  of  the  Court  &  2s.  for  witnesses. 
John  Westall  is  fyned  xs.  for  entertayneing  Brufield. 
Math:  Williams  is  to  let  his  wages  that  he  is  to  haue  of  Beld- 
ing  rest  in  his  hands,  vntill  he  take  order  for  the  keepeing  of  the 
child  layd  to  his  chardge  by  Susan  Cole. 

The  estate  of  Sam:  Wakeman  deceased  is  setled  on  Nath: 
Willette,  in  consideratio  whereof  he  is  to  pay  40/.  to  the  eldest 
Sonne  w^  he  shall  attayne  21  years  of  age,  and  20/.  a  peece  to 
the  three  daughters  w"  they  shall  attayne  the  age  of  18  yeares  : 
if  any  dy  in  the  meane,  the  portio  is  to  be  deuided  betwixt  the 
suruiuors :  the  land  to  stand  ingadged  for  the  p^formance  thereof, 


136  PUBLIC     RECORDS 

and  if  any  debts  more  shall  appeare  then  are  now  knowne,  to 
be  equally  borne  by  him  &;  the  children ;  and  if  any  estate 
more  appeare,  that  also  is  to  be  deuided.  The  childrens  receipts 
of  their  portion  is  record,  in  Book  D.  fo :  19;  Decem¥  2S: 
1673.* 

Samuell  Hales,  for  his  mysdemeanor  by  excesse  in  drinkeing^ 
is  fyned  twenty  nobles.* 

Tho:  Hurlebut,  for  the  like  is  fyned  4l. 

Elias  Trotte,  for  accompaning  the,  and  drawing  wyne  w^hout 
liberty,  is  fyned  405. 

Will'  Crosse,  for  haueing  wyne  sould  in  his  bowse  w^^out 
lycence  is  fyned  405. 

Samuell  Barrett  is  to  searue  Arther  Smith  one  yeare  after 
the  date  hereof,  for  viij/. 


[149]  March  the  5th,   1645. 

Jo:  Heynes  Esq"",  Gou^. 
Ed:  Hopkins  Esqs  Dep. 

Mr.  Webster,  Capten  Mason,  Mr.  Woolcott,  Mr.  Welles, 

Mr.  Whiting. 

The  Jury :     Ed:   Stebbing,  Nath:  Waird,  Tho:  Ford,  Jo: 

Barnard,  Jo:  Edwards,  Jo:  Robins,  Jo:  Notte,  Jo:  Elson, 

Jo:  Porter,  Roger  Willias,  Seargeant  Fyler,  Tho:  Dewye. 

The  Will  and  Testament  of  George  Willis  Esq^,  deceased,  is 

brought  into  the  Court  by  Will'  Gybbins. 

W^  Mr.  Terry  hath  taken  Oath  &  sent  vp  a  coppy  of  y t,  that 
the  accoumpte  giuen  in  by  him  is  a  trewe  accoumpte,  he  shall 
rec.  the  goods  formerly  sequestred  for  him. 

In  the  ac.  of  Richard  Trotte  pi.  agt  Ed:  Elmor  and  Nath: 

Willet,  the  Jury  find  for  the  pi.  405.  damages  &  costs  of  Court. 

In  the  ac.  of  Clement  Chaplin  pi*,  agt  Sa:  Smith  &c  Nath: 

Dickenson  defends,  the  Jury  find  for  the  plant,  damages  21.  5s. 

4d.  &  costs  of  Court. 

In  the  ac.  of  Clement  Chaplin  pi*,  agt  Tho:  Coleman  and  Sa: 
Hales  defts,  the  Jury  find  for  the  plant,  damages  8d.  &  costs  of 
Court. 

*  Subsequently  added, — in  the  hand  writing  of  John  Allyn. 
t  £6.  13s.  4d.    The  noble  was  equal  to  6s.  8d.  sterling. 


OF     CONNECTICUT.  137 

John  Byssell,  as  assigne  to  John  Clarke,  pi.  ag*  George  Chap- 
pell  deft,  ^i  x5.  damage. 

John  Byssell  &  Ja:  Eggleston  pits,  agt  William  Heyton  def, 
in  an  ac.  of  the  Case,  to  the  damage  of  10/. 

In  the  action  of  Byssell  plant,  as  assigne  to  Jo:  Clarke,  agt 
George  Chappell  def',  the  Jury  find  for  the  defend  costs  of 
Court,  and  for  witnesses,  14s.  40?. 

In  the  action  of  Jo:  Byssell  &  Ja:  Eggleston  plant,  ag*  Will' 
Helton  deft,  the  Jury  find  for  the  plant,  to  be  paid  his  p^portion 
of  rayleing,  three  shillings  p^  rodd,  ditching  \0d.  p'  rodde,  hedge- 
ing  Sd.  pr  rodde ;  costs  of  Court  and  witnesses. 

The  Welchman  Lewis,  for  pilfering  Bunces  corne,  is  fined 
40s. 

In  the  ac.  of  Berding  agt  Edwards,  the  Court  adiudgeth  Ed- 
wards to  pay  5s.  &  chardges  of  Court. 

In  the  ac.  of  Chappell  agt  Clarke,  the  Jury  find  for  the  deft. 
Chappell  is  to  pay  costs  of  Court  viis.  4rf. 

In  the  ac.  of  slaunder  of  Edwards  pi.  against  Berding  deft, 
the  Jury  find  for  the  deft,  costs  of  Court  7s.  4:d. 

In  the  ac.  of  the  Case  of  Edward  pi.  agt  Berding  deft,  the  Jury 
find  for  the  deft,  costs  of  Court  7s.  Ad.  &  witnesses,  4s.  Sd. 

Nath:  Willett  is  to  haue  executio  against  JMr.  Trott  for  3Z. 
Qs.  8d.  and  to  be  quit  o^  the  40s.  damages  and  costs  of  the  sute 
agt  him  by  the  sd  Mr.  Trotte. 

Mr.  Woolcott  is  desiered  to  gather  vp  the  debts  due  to  Tho: 
Marshefield  &.  to  husband  the  estate  for  the  benefit  of  the  cred- 
itors, and  to  be  alowed  resonable  satisfaction. 

The  Inuentory  of  Sa.  lerland  is  brought  into  the  Court  by 
Jo:  Edwards,  and  the  wife  of  Robert  Burrowes,  who  was  wife 
to  the  deceased,  is  to  administer  &  to  haue  the  thirds,  &  the 
other  two  p''ts  to  be  for  the  children. 


[150]  Aprill  the  ixth,  1646. 

Ed:  Hopkins  Esq^,  Gou''. 

Jo:  Heines  Esq^,  Dep. 

Roger  Ludlowe  Esq^,  Mr.  Webster,  Mr.  Whiting,  Cap- 
ten  Mason,  Mr.  Woolcott,  Mr.  Welles. 
13* 


138  PUBLIC     RECORDS 

[Deputyes  :]  Mr.  Steele,  Mr.  Talcoate,  Mr.  Westwood 
Andrew  Bacon,  Mr.  Phelps,  Mr.  Gaylard,  Mr.  Hull, 
Dauid  Wilton,  Mr.  Trotte,  James  Boosy,  Sa:  Smith, 
Nath:  Dickenson,  Jehue  Burre,  Anthony  Wilson,  Tho: 
Fayerchild. 

The  Court  desieres  that  the  Comissioi's  should  be  moued  that 
noe  Amunition  should  be  traded  w^h  any  that  liue  out  of  the 
Jurisdictions  in  combinatio,  whereby  yt  might  supply  the  In- 
deans,  and  that  some  consideration  be  taken  to  restrayne  Roade 
Hand  fro  trading  w^h  the  in  such  kynd. 

Whereas  Tho:  Thornton  of  Wyndsor,  by  haueing  his  men 
suddenly  taken  offe  their  cauleing,  may  susteyne  great  losse, 
the  Court  hath  freed  him  fro  Trayneing,  and  desier  the  Magis- 
trats  to  take  his  condition  into  serious  consideration,  that  he 
might  not  be  put  to  extraordinary  hassard  by  imploying  his  men 
in  publique  searuice,  and  the  Capten  hath  liberty  to  free  his 
workemen  fro  one  dayes  trayneing,  pi^uided  they  supply  yt  in 
the  Artillery.     This  not  voted. 

Whereas,  there  is  liberty  giuen  to  the  Magistrats  to  mittegat 
or  increase  damages  giuen  in  by  the  verdict  of  Jury,  It  is  now 
Ordered,  that  what  alteration  shall  att  any  tyme  be  made  in 
that  kynd,  yt  shalbe  in  open  Courte  before  pi.  &  def*,  or  affe- 
dauit  made  that  they  haue  bine  somoned  to  appeare. 

Fayerfield  eccepte  against  a  Jury  of  sixe,  but  subiect  to  that 
prte  of  the  Order  that  8  of  12  may  giue  in  a  verdicte. 

It  is  Ordered,  that  if  any  p'son  wt^in  these  libertyes  haue 
bine  or  shalbe  fyned  or  whippen  for  any  scandalous  offence,  he 
shall  not  be  admitted  after  such  tyme  to  haue  any  voate  in 
Towne  or  Comon  welth,  nor  to  searue  on  the  Jury,  vntill  the 
Court  shall  manifest  their  satisfaction. 

Whosoeuer  shall  be  comitted  for  delinquency  shall  pay  two 
shillings  sixe  pence  to  the  keep"^  of  the  pryson 

To  moue  the  Comissiors  to  make  some  pi-uission  agt  incori- 
giblenes. 

Mr.  Ludlowe  is  desiered  to  take  some  paynes  in  drawing 
forth  a  body  of  Lawes  for  the  gouernment  of  this  Coinon  welth, 
&  p^sent  the  to  the  next  Generall  Court,  and  if  he  can  prouide 
a  man  for  his  occations  while  he  is  imployed  in  the  said  sear-' 
uice,  he  shalbe  paid  at  the  Country  chardge. 


OF      CONNECTICUT.  ]89 

Its  desiered  by  the  Court,  that  the  Magistrats  would  take 
course  that  all  male  pi'sons  aboue  16  yeares  of  age  should  take 
the  Oath  of  Fidellity :  and  that  three  Magistrats  may  giue  the 
said  Oath  &  make  Freemen,  (vppon  certificatt  of  good  behauior, 
as  is  p^uided  by  former  Order.  This  to  stand  vntill  the  next 
Courte. 

Whereas  Tho:  Steynton  by  his  long  absence  is  disabled  to 
attend  the  Court  according  to  his  place,  It  is  now  Ordered,  his 
sallery  shall  cease,  and  Jonathen  Gylbert  is  chosen  to  supply 
the  place  for  this  yeare,  and  the  Court  will  attend  him  wth  re- 
sonable  satisfactio. 

[151]  The  Gou""  and  Deputy  are  desiered  to  be  Comissio^'s  to 
joyne  w^^  the  Vnited  CoUonyes  for  the  meeteing  in  Septeber 
next  &.  for  this  yeare. 

It  is  Ordered,  that  a  Rate  be  graunted  of  50/.  for  the  carrieing 
on  the  worke  of  the  Forte,  in  case  there  should  bee  need  thereof, 
to  be  paid  by  the  Townes  of  the  Riuer. 

It  is  Ordered,  that  there  be  two  pi'ticuler  Courts  held  the 
next  pi'ceding  day  before  the  two  standing  Generall  Courts, 
that  both  the  assistance  of  Mr.  Ludlowe  may  be  had,  and  such 
actions  as  fall  out  betwixt  any  vppon  the  Riuer  and  the  Townes 
by  the  sea  side  be  more  comfortably  attended. 

John  Maynard"  and  Willia  Westly  are  freed  fro  watching. 

To  the  penall  Order  conserneing  the  selling  of  lead,  powder 
etc.  to  any  out  of  the  Jurisdiction  is  added,  That  it  is  lefte  to 
the  judgement  of  the  Courte,  that  where  any  offence  is  coihitted 
against  the  said  Order  or  Orders,  ether  to  aggrauat  or  lessen 
the  penulty  according  as  the  nature  of  the  offence  shall  require. 

Its  recomended  to  the  seuerall  Townes  seasonably  to  attend 
the  colection  for  the  Colledg,  and  send  it  thither  in  conuenient 
tyme. 

Mr.  Hopkins  and  Mr.  Whiting  discouering  to  the  Court  the 
wrong  rec^  fro  some  Indeans  in  stealeing  of  theire  goods  and 
burneing  their  howse,  it  was  conceaued  that  any  lawfull  course 
may  be  taken  for  the  recouery  of  their  losse,  according  as 
amongste  the  Englishe. 

The  Court  being  put  in  mynd  of  the  Indeans  that  Hue  in,  are 
rec*^,  and  Hue  among  the  Englishe  in  these  Townes,  it  was  re- 
ferred to  Mr.  Deputy  and  Capten  Mason  to  take  consideratio  of 


140  PUBLIC      RECORDS 

them,  and  in  case  they  are  willing  to  submit  to  the  ordering  and 
gou''ment  of  the  Englishe  they  may  accepte  of  the  vppon  such 
terms  as  may  be  safe  and  honarable  to  the  Englishe. 

The  rates  at  Stratford  and  Faierfield  are  to  be  deuided. 

The  Freemen  finding  yt  inconuenient  to  attend  the  Court  of 
Election  the  second  Thursday  in  Aprill,  haue  ordered  yt  for 
hereafter  to  be  keept  the  third  Thursday  in  May,  and  the 
Magistrals  to  hold  vntill  that  day. 

Samuell  Marten  and  Willia  Androwes  acknowledge  theselues 
to  be  bownd  to  this  Comon  welth  in  a  Recognizance  of  40/.  to 
appeare  at  the  next  Court  to  be  held  at  Hartford,  to  answer  the 
complainte  of  Edward  Stebbing,  for  lading  97  bush,  of  Corne 
aboarde  a  vessell  at  Hartford,  w^h  deputed  the  harbor  w^^^out 
entring  the  said  corne  according  to  Order;  then  this  Recogni- 
zance to  be  voyd,  els  to  stand  m  force. 


[152]  June  the  5th,  1546. 

Jo:  Heynes  Esq"". 
Mr.  Webster,  Mr.  Welles,  Capten  Mason,  Mr.  Wool- 
cott. 
The  Jury  :     Tho:  Ford,  Rich:  Goodman,  Joseph  Magote, 
Arther  Smith,  Frances  Styles,  Jo:  Drake,  Roger  Willfhs, 
Jo:  More,  Jo:  Edwards,  Sa:   Marten,  Luke  Hitchoks, 
Tho:  Hurlbut. 
In  the  ac.  of  Rose,  pi.  agt  Robins  defS  the  Jury  find  for  the 
pi.  ten  pownd  damages  &  cost  of  Court. 

The  Jury  found  these  p^cells  of  Corne,  forfeited  : 

Mr.  Woolcott,  28  bush.      Codman,  6.      Lamton,    1.  Ip. 
Mr.  Eauens,  48.  2p.      Jo:  Lord,  2.     North,  3.     Cole- 
man, for  Smith,    20.      Wm.  Williams,  2.       Jo:  Wyet, 
11.  2p. 
In  the  ac.  of  Borman  pi.  agt  Stadder  deft,  the  Jury  find  for  the 
pi.  55.  damages  &  cost  of  Court. 

John  Drake,  for  his  misdemeanor  in  p'phan  execrations,  is 
fyned  405. 

Jo:  Carpentor,  for  breakeing  into  Will'  Gybbins  his  howse 
&;  drynking  wyne,  is  fyned  10/.  &  stands  bownd  to  his  good  be- 


OF     CONNECTICUT.  141 

haiiior,  &,  Tho:  Osmor  stands  bowndfor  him  in  10/.  &  to  bring 
him  forth  w^  the  Court  shall  call  for  him. 

Willia  Ellyt  &  Will'  Yats,  for  the  like  misdemeanor,  are 
fyned  ten  pownd  a  peece  &  stand  bownd  in  20/.  a  peece  for 
their  good  behauior,  &  Will'  Gybbins  stands  bownd  for  their 
good  behauior  in  20/.  &  for  their  appearence  w"  the  Court 
cauleth  for  the. 

Stephen  Dauis  &  Symon  Smith,  for  the  like  misdemeanor, 
are  fyned  fiue  pownd  a  peece  &  stand  bownd  to  their  good  be- 
hauior in  20/.  a  peece,  and  Will'  Gybbins  for  the  in  20/.  &  for 
their  appearance  w"  the  Court  cauleth  for  the. 

Rich:  Belding  stands  bownd  in  20/.,  Robert  Rugge  in  40/., 
that  Rugge  keepe  good  behauior  &  appeare  the  next  Court. 

Execution  was  graunted  John  Pratte  agt  Mr.  Allen,  and  re- 
turne  made  that  yt  was  executed. 


[153]  June  the  last,  1646. 

Ed:  Hopkins  Esq^,  Gou"". 
Capten  Mason,   Mr.  Webster,  Mr.  Welles,  Mr.  Wool- 
cotte. 
[The  Jury  ;]     Mr.  Phelps,  Tho:  Ford,  Will'  Lewis,  Jo: 
Barnard,   George  Graues,  John  Hollister,  Jo:  Demon, 
Will'  Gybbins,  Sa:  Smith*  Jo:  Latimore, Mr.  Stoughton, 
Ro:  Wynchell,  Ro:  Hewyt. 
In  the  action  of  slaunder  of  John  Robins  pi.   ag*   Leonard 
Chester  defS  the  Jury  find  for  the  pi.  xijs.  dainages  &  cost  of 
Court  &  witnesses. 

Rich:  Coldecotts  ac.  ag*  Frances  Styles  is  wt^drawen,  and 
the  later  Articles  to  be  attended  w^h  reference  to  the  4  men. 

Whereas  Tho:  Ford,  John  Byssell,  Will'  Pantry  and  Stephen 
Poste  were  to  sett  a  Rate  or  value  of  the  worth  of  impaileing 
2024  rodd  of  pale  according  to  articles  agreed  betwixt  Mr.  Sal- 
tingstall  &  Frances  Styles,  or  to  choose  a  fifthe  man  if  they  dis- 
agreed, w^h  hath  bine  long  neglected  by  the  said  partyes.  It  is 
now  Ordered,  that  if  the  said  partyes  doe  nott  sett  downe  vnder 
their  hands  &  determine  the  rate  and  value  of  the  foresaid,  w^^in 

•  A  line  is  drawn  about  this  name. 


142  PUBLIC      RECORDS 

two  months,  or  chuse  a  5^^  man,  according  to  the  said  articles, 
they  shall  forfeit  100/. 

Coopr  for  his  misdemeanor  in  inuegleing  the  afFectfis  of  Mr. 
Lee  his  mayde,  w^^^out  her  M^  consent,  is  to  pay  Mr.  Lee  20s. 
damages  &  20s.  fyne  to  the  Country. 

John  Perkins  &  Tho:  Coop^  vndertake  &;  p^mise  to  pay  20s. 
to  this  Comon  welth  &  20s.  to  Mr.  Lee,  by  the  last  of  March. 

In  the  actio  of  Clement  Claplin  pit  agt  Dickerson  etc.  the 
Jury  find  for  the  pi.  xs.  damages  &  cost  of  Court  &  witnesses. 

Robert  Bartlett,  for  his  grosse  misdemeanor  in  slaundring 
M^s  Mary  Fenwicke,  is  to  stand  on  the  Pillory,  Wensday, 
dureing  the  lecture,  then  to  be  whiped,  &  fyned  fiue  pownd  & 
halfe  yeares  imprysonment. 


[154]  August  the  21tii,  1646. 

Ed:  Hopkins  Esq"^,  Go'. 
Jo:  Heynes  Esq',  Dep. 

Mr.  Webster,  Mr.  Welles,  Mr.  Woolcott. 

Richard  Fellowes  vndertakes  to  pay  ten  pownd  to  the  Coun- 
try w^iiin  2  months,  for  Stephen  Dauis  his  fyne. 

Tho:  Osmore  vndertaks  to  pay  fiue  pownd  for  John  Carpen- 
ter wthin  2  months,  and  fiue  pownd  more  w^^iin  3  months  after 
that. 

Symon  Smith  is  to  stand  bownd  for  his  good  behauior,  vntill 
the  next  Court  and  his  M'is  vndertaks  he  shall  then  appeare. 

Jo:  Ranolds  is  to  be  fyned  5/.  and  p'sently  whiped,  for  har- 
boring the  rouges  that  brake  pryson,  in  his  M^is  her  howse,  and 
to  giue  security  to  appeare  at  the  Court  att  3  months  end,  and 
then  to  be  agayne  corrected,  except  the  Court  be  certified  of 
his  reformation. 

Richard  Watts  vndertaks  for  the  payment  of  the  5/.  fyne,  and 
that  he  the  said  Jo:  Ranolds  shall  keepe  good  behauior  and  ap- 
peare the  next  Court. 

Tho:  Ford  is  bownd  in  a  Recognizance  of  20/.  to  the  Coun- 
try, to  bring  in  Sa:  Drake  to  the  next  Court. 

EHnor  Watts,  for  the  like  misdemeanor  w^h  Jo:  Ranolds,  is 
fyned  5/.  and  whipped  in  her  M^is  howse,  and  to  be  brought 


OF     CONNECTICUT.  143 

forth  3  months  hence,  and  then  whipped  agayne  if  the  Court 
shall  not  be  informed  of  her  amendment. 

Mary  Johnson,  for  theuery,  is  to  be  p^sently  whipped,  and  to 
be  brought  forth  a  month  hence  at  Wethersfield,  and  there 
whipped. 

Elizabeth  Fuller,  for  comitting  fornication,  is  to  be  seuerely 
corrected. 

Sa:  Drake  is  fyned  fine  pownd  for  concealing  Jo:  Neuie  (?) 
when  he  brake  pryson. 

Ro:  Bartlett,  for  giueing  ill  counsell  to  the  prysoners,  aduise- 
ing  they  should  not  peach  Drake,  is  to  be  whipped. 


[155]  October  the  first,  1646. 

Jo:  Heynes  Esq"^,  Dep. 

Mr.  Webster,  Mr.  Welles,  Mr.  Woolcot,  Mr.  Whiting. 
Tlie  Jury :     Hen:  Woolcot,  Jo:  Edwards,  Jo:  Nott,  Sa: 
Hales,  Sa:  Boreman,  Walter  Fyler,  Dan:  Clarke,  Hup: 
Pynny,   Will:   Pantry,  Gre:  Wilterton,    Nath:    Waird, 
Will:  Wodsworth. 
In  the  ac.  of  Whaty  pi.  agt  Fellowes,  the  Jury  find  for  the 
defen* ;  the  pi.  to  pay  costs  of  Court. 

In  the  ac.  of  Mr.  Gylbert  pi.  ag*  George  Chappell  defS  the 
Jury  find  for  the  pi.  The  def*  is  to  pay  8/.  8s.  dainages  &  costs 
of  Court.     Execution  graunted  agt  his  person. 

In  the  ac.  of  Will'  Whiteing  pi.  ag*  Tho:  Ford  deft,  the  Jury 
find  for  the  pi.  The  def*^  is  to  pay  4/.  12s.  6c?.  dainages  & 
costs  of  Court. 

In  the  action  of  Mr.  Euens,  by  his  searuant,  pi.  ag*  Math: 
Willias  deft,  Williams  is  to  pay  19s.  dainages  &  costs  of  Court. 
In  the  action  of  Mr.  Euens  pi.  agt  George  Chappell,  Chappell 
is  to  pay  8  bush:  of  pease  &  costs  of  Court. 

In  the  ac.  of  Mr.  Euens  pi.  ag*  Mathias  Trott  defS  the  Jury 
find  for  the  pi.  The  deft  jg  to  pay  23  bush:  3  pec:  of  wheat, 
and  cost  of  Court. 

In  the  action  of  Mr.  Euens  pl^e,  agt  Carwithy  deft,  the  Jury 
find  for  the  pi.  5/.  5s.  66?.  damages  &  cost  of  Court. 

In  the  action  of  Henry  Smith  pi.  agt  Jaruis  Mudge  deft,  the 


144  PUBLIC      RECORDS 

Court  judgeth  Mudge  to  pay  5  bush:  of  marchantable  dry  In- 
dean  corne,  or  the  value  thereof. 

In  the  action  of  Rich:  Webb  pi.  ag*  George  Chappell  def*, 
Chappell  is  to  pay  245.  damages  &  cost  of  Court. 

Tho:  Stephenson  acknowledgeth  himselfe  bownd  in  a  recog- 
nizance of  10/.  to  make  good  his  attach*  ag*  Elias  Puttmans 
goods,  or  satisfie  damages. 

In  the  ac.  of  Webbe  pi.  ag*  George  Chappell  defS  the  defe^ 
is  to  pay  245.  &  cost  of  Court. 

Mr.  Chester  if  freed  fro  Trayneing. 


[156]  October  the  29*^,  1646. 

Ed:  Hopkins  Esq"*,  Go^. 
Jo:  Heynes  Esq',  Dep. 

Mr.  Webster,  Mr.  Woolcott,  Mr.  Whiting,  Mr.  Welles. 
The  Jury : — Will'  Gybbins,  Nath:  Richards,  Jo:  Edwards, 
Tho:  Hurlbut,  Aron  Cooke,  John  Stadder. 
Willm  Ellit  is  to  be  whipped  the  next  lecture  day,  and  to 
searue  his  Master  his  tyme,  &  then  to  returne  to  pryson. 

Will'  Fiske  is  to  be  whipped  the  next  lecture  day,  and  to 
restore  dubble  of  what  shall  be  p^'ued  agt  him,  as  yt  shall  be 
judged  by  Mr.  Woolcotte. 

The  ac.  of  Mr.  Whiting  pi.  agt  Sa:  Smith  is  respited  vntill 
the  next  Courte. 

Gybbins  pi*  agt  Read. 
Moody  pi*  agt  Read,  for  Rent. 
Mr.  Moody  pi*  ag*  Read,  for  damages. 
Willit  pi*  agt  Read. 
Judson  pi*  agt  Rescue. 

In  the  action  of  Mr.  Whiting  pi.  ag*  Tho:  Newton  def*,  vp- 
pon  an  Attach*  returned  by  the  Constable  of  Fayrfield,  Greene 
appeared  for  Newton  &  the  Jury  find  for  the  plant,  the  byll  5/. 
165.  and  25.  v\d.  damages  &  cost  of  Court. 

In  the  ac.  of  Ed:  Hopkins  pi*,  ag*  Tho:  Newton  def*,  the 
Jury  find  for  the  pi.  The  Def*  is  to  pay  4/.  13s.  Ad.  in  mony 
according  to  the  bill,  105.  damages  &  cost  of  Court, 


OF     CONNECTICUT.  145 

In  the  action  of  John  Moody  pi.  against  James  Whatly  de- 
fend', the  Jury  find  for  the  deft,  coste  of  Court. 

Kircu  &  Carrington  are  to  pay  30s.  to  the  administrators  of 
Vere,  for  their  bargaine  of  Corne. 

Three  of  the  Jury  betwixt  James  Whatly  pi.  agt  R.  Fellowes 
dS  thinke  on  witnesse  cannot  cast  the  cause  wt^out  some  cir- 
custances  fall  in  neare  to  equalize  a  witnesse,  and  they  app^- 
hend  the  circustances  on  the  other  side  rather  the  stronger  :  1. 
The  pi'ty  of  who  he  bought  the  horse  said  he  knew  not  of  the 
lamenes  :  2.  the  price  giuen  might  intimat  soundness ;  3.  seu- 
erall  that  rodde  on  the  horse  and  that  wrought  him,  did  not  dis- 
couer  any  lamenes.     John  White,  Tho:  Olcoke,  Will'  Phelps. 

The  other  3  conceaue  the  witnesse  giuen  into  the  former 
Court  hold  out  the  defen'  might  know  the  lamenes  of  the  horse  ; 
2.  one  witnesse  testifieing  fro  his  mouth,  that  he  said  he  was 
lame. 


[157]  October  the  30*^,  1646. 

Ed:  Hopkins  Esq,  Gc. 
Jo:  Heynes  Esq"",  Dep. 

Mr.  Webster,  Mr.  Welles,  Mr.  Whiting,  Capten  Mason, 

Mr.  Woolcott. 
[Deputyes ;]    Mr.  Phelps,  Mr.  Stoughton,  Mr.  Clarke,  Mr. 

Porter,  Mr.  Steele,  Mr.  Talcoat,  Mr.  Westwood,  Mr- 

Cullicke,  Mr.  Trotte,  James  Boosy,  Nath:  Dickenson' 

Jo:  Demon. 

The  deputyes  are  to  take  into  consideration  the  fenceing  up- 
pon  the  Easte  side  of  the  great  Riuei',  by  who  &  where  they 
shall  see  cause. 

The  Order  of  the  Comissioners  concerneing  the  restreynt  of 
of  selling  powder,  shotte,  amunition  etc.  to  any  out  of  the  Juris- 
diction, wthout  the  lycence  of  two  Magistrats,  or  one  Magis- 
trat  and  2  deputyes,  is  confirmed.* 

•This  order  of  the  Commissioners  was  contiimatory  of  that  made  in  1644,  (see  p.  113,  ante) 
which  had  been  approved  by  the  General  Courts  of  all  the  United  Colonies  except  Plym- 
outh. The  present  order  prohibited,  under  a  heavy  penalty,  the  sale  of  arms  or  ammunition  to 
any  person  out  of  the  confederate  jurisdictions,  "  without  lycense  under  the  hands  of  two. 

14 


146  PUBLIC     RECORDS 

The  Order  conserneing  the  pi^ceeding  against  Indeans  is  con- 
firmed, f 

There  is  alowed  for  the  searuing  of  executions  2s.  6d.  if  vn- 
der  405.  and  5s.  if  aboue. 

Whosoeuer  drawes  wyne  after  the  publisheing  this  Order, 
shall  pay  to  the  Country  after  the  p^'portio  of  40s.  a  Butt  for 
what  shalbe  drawen. 

Mr.  Phelps  is  appoynted  to  joyne  w^h  the  Comittee  for  the 
planting  Matabezeke. 


[158]  Ja:  28th,   1646. 

Ed.  Hopkins  Esq"",  Go"^. 

Mr.  Webster,  Mr.  Whiting,  Capten  Mason,  Mr.  Welles, 
Mr.  Woolcott. 
[Beputyes ;]     Mr.  Steele,  Mr.  Talcoate,  Mr.  Cullicke,  Mr, 
Westwood,  Mr.  Trott,  James  Boosy,  Nath:  Dickenson, 
Jo:  Demon,    Mr.  Phelps,  Mr.  Stouton,  Mr.  Clarke,  Mr. 
Porter. 
The    Order    concerneing   paying  5s.  a   pownd  for  takeing 
Tobacco  not  growing  w^hin  this  Jurisdictio,  is  repealed. 

Richard  Lord  for  transgressing  the  Order  against  selleing 
lead  out  of  this  Jurisdictio,  is  fyned  seauen  pownd. 

magistrates  of  the  jurisdiction,  or  at  least  under  the  hands  of  one  magistrate  and  two  deputyes, 
intressed  in  the  publique  affaires,  &  that  all  &  eii'ry  such  lycense  shall  from  time  to  tyme  be 
kept  in  a  booke  or  memoriall  in  writing,  that  all  the  parcells  or  particulers,  w'h  the  quantities 
soe  lycensed,  the  prsons  to  whom,  the  grounds  for  wcii,  upon  occasion  may  be  considered  by  the 
Gen^'all  Courts,  or  Comissioners  for  the  Colonyes."     (Rec.  of  U.  Colonies,  Sept.  1646.) 

t  Providing,  that  in  case  of  "  wilfull  &  hostile  practises  against  the  English,  together  with  the 
entertemeing,  protecting  or  rescueing  of  offenders,"  "the  Magistrates  of  any  of  the  Jurisdic- 
tions might,  at  the  charge  of  the  plaintiffs,  send  some  convenient  strength  of  English,  &  accord- 
ing to  the  nature  &  vallewe  of  the  offence  &  damage,  seize  &  bring  away  any  of  that  planta- 
con  of  Indians  that  shall  entertaine,  protect  or  rescue  the  offender,  though  it  should  be  in 
another  Jurisdiction,  when,  through  distance  of  place,  comission  or  direction  cannot  be  had' 
after  notice  &  due  warning  given  them,  as  abettors  or  at  least  accessory  to  the  iniury  &  dam- 
age done  to  the  English ;  onely  women  &  children  to  be  sparingly  seized  vnlesse  knowen  to  be 
some  way  guilty.  And  because  it  will  be  chargeable  keeping  Indians  in  prison,  &  if  they  should 
escape  they  would  prove  more  insolent  &  dangerous  after,  it  was  thought  fittthat  upon  such 
seysure.  the  delinquent  or  satisfaction  should  againe  be  demanded  of  the  Sagamore  or  Planta- 
con  of  Indians  guiltie  or  accessory  as  before  ;  and  if  it  be  deiiyed,  that  then  the  magistrates  of 
the  Jurisdiction  deliver  up  the  Indians  seized  to  the  party  or  parties  indamaged,  either  to  serve 
or  to  be  shipped  out  and  exchanged  for  Negroes,  as  the  cause  will  iustly  beare."  [Ibid.]  This 
Order  will  be  found  incorporated  with  the  cede  of  1650,  in  a  subsequent  part  of  this  volume. 


OF      CONNECTICUT.  147 

Tho:  Staynton,  for  the  like  transgressio,  is  fyned  5/.  fiue 
pownd. 

Dauid  Wilton,  for  the  brech  of  the  same  Order,  is  to  forfeite 
the  lead  w^h  was  attached  at  Wethersfield,  being  LSI  pownd. 

Nath:  Waird  is  freed  fro  trayneing  and  warding,  so  long  as 
the  infirmity  he  complaynes  of  remayneth  vppon  him. 

The  Gour  and  Mr.  Whiting  are  desiered  to  attend  the  place 
of  Comission^s  for  the  Vnited  Collonies,  for  this  next  yeare. 

There  is  a  Rate  of  30Z.  graunted  for  the  Fort. 


March  the  4th,  1646. 
Ed:  Hopkins  Esqf,  Gc. 

Mr.  Webster,  Mr.  Welles. 
[The  Jury:']     Tho:    Ford,   Tho:    Osmore,  Jo:    Nott,  Sa: 
Borema,  Tho:  Thornton,  Benedict  Alford. 
In  the  ac.  of  Joseph  Nubery  pi*,  ag*  Ambrowse  Fowler  def, 
the  Jury  find  for  the  plan*,  fower  pownd  xs.  &  costs  of  Court. 
In  the  actio  of  Sa:  Smith  pi.  agt  John  Guteridge,  Tho:  Rite 
&  Sa:  Martin  def^^,  John  Guteridge  and  Sa:  Marten  are  to 
pay  the  pi.  xvi  bush:  Indean. 

Mary  Willias,  for  her  fowle  misdemeanor,  is  fyned  5/. 
Joshua  Gynings  vndertaks  to  pay  this  5Z. 
Tho:  Blisse  for  not  trayneing,  is  fyned  2s.  V\d. 


[159]  May  the  19th,  1647. 

Ed:  Hopkins  Esqf,  Go"". 

Mr.  Webster,  Mr.  Whiting,  Mr.  Woolcoat,  Mr.  Welles. 

The  Jury  :     Mr.  Phelps,  Mr.  Porter,    Mr.  Roceter,  Dauid 

Wilton,    Mr.    Parks,  James   Boosy,  Sa:    Smith,  Will' 

Wadsworth,  Ed:  Stebing,  Tho:  Ford,  Andrew  Bacon, 

Nath:  Waird. 

In  the  ac.  of  James  Whatly  pi.  agt  Tho:  Coleman,  the  Jury 

find  for  the  deft,  costs  of  Court,  and  for  witnesses,  2s.  Qd. 


148  PUBLIC      RECORDS 

In  the  ac.  of  Hemy  Gree  pi.  agt  Sa:  Marten  deft,  the  Jury 
find  for  the  pi.  debte  15/.  iis.,  damages  ten  pownd,  and  costs  of 
Court. 


May  the  21^^  1647. 

The  Jury :  Mr.  Talcoate,  Gre:  Wilterton,  Tho:  Osmor, 
Sa:  Smith,  Will'  Wilcoxson,  Robert  Howard,  Dan:  Tyt- 
terton,  Walter  Fyler,  John  Croe,  Ed:  Haruy,  Tho: 
Judde,  John  Demon. 

In  the  ac.  of  John  Steele  pi.  agt  Tho:  Demon,  the  said  Tho: 
Demon  is  to  pay  six  bush:  of  Indean. 

In  the  ac.  of  Blysse  pi.  agt  Lyman  &  Arnold,  the  defends  are 
to  pay  205.  &  costs  of  Court. 

Henry  Densloe  is  to  attend  agayne  the  next  Court,  and  Wil- 
coxe  to  pay  him  55.  for  not  p'secuting  this  Court. 

In  the  ac.  of  Mr.  Whiting  pi.  ag*  Sa:  Smith  def*,  the  Jury 
find  for  the  pi.  viij/.  damages,  and  cost  of  Court. 

In  the  ac.  of  Blachfield  pi.  agt  Spenser,  the  Jury  find  for  the 
pi.  50  bush:  of  Indean,  &  costs  of  Court. 

In  the  ac.  of  Spenser  pi.  agt  Blachfield  deft,  the  Jury  find  for 
the  pi.  31s.  3c?.  damages,  &  costs  of  Court. 
[160]     In  the  ac.  of  slaunder,  of  Mr.    Whiting  pi.  agt  Tho: 
Ford  deft,  the  Jury  find  for  the  pi.  405.  &  costs  of  Court. 

In  the  ac.  of  Will'  Fishe  pi.  agt  Aron  Cooke,  the  Jury  find 
for  the  pi.  fiue  pownd  damages  &  costs  of  Court. 

In  the  ac.  of  Tho:  Ford  pi.  agt  Oldige  &  Hull,  the  Jury  find 
for  the  defts,  costs  of  Court. 

Henry  Gree  acknowledgeth  himselfe  bownd  to  the  Court,  in 
a  Recognizance  of  xL  &  Tho:  Hassard  in  20,  that  Tho:  Has- 
sard  keepe  good  behauior  vntill  the  Generall  Court  in  Septeber 
next,  and  appeare  at  the  p^ticuler  Court  the  day  before. 

In  the  ac.  of  Write  pi.  against  Norton,  the  pi.  is  to  haue  the 
swyne  &  pay  the  chardges  for  the  keeping. 


May  the  24th,   i647. 
Roger  Ludlowe  Esq"",  Moderator. 
Mr.  Woolcoat,  Mr.  Welles. 


OF     CONNECTICUT.  149 

Jury  :     Sa:  Smith,  Will'  Wilcoxso,  Robert  Howard,  Dan: 

Tytterton,  John  Demon,  Walter  Fyler,  Ed:  Haruy,  Tho: 

Judde,  John  Westall,  Aron  Cooke,  Anthony  Howkins, 

Stephen  Hart. 

In  the  ac.  of  M"s  Willis  pi.   agt   Francis  Styles  deft,  (Mr. 

Roceter  appeared  for  Mr.  Styles,)  the  Jury  find   for  the  pi. 

340/.  damages  &  costs  of  Court. 


[162]  May  the  20th,   1647. 

Jo:  Heynes  Esq',  Gc. 
Edward  Hopkins  Esq'',  Dep.  Gor. 

George  Fenwicke  Esq'',   Magistrate ;  Roger  Ludlowe 
Esq.   Mag:    Mr.  Webster,  Mag:  Mr.  Whiting,  Mag: 
Tres";  Capten  Mason,  Mag:  Mr.  Woolcoate,  Mag:  Mr. 
Welles,  Mag:  Sec^;  Mr.  Cosmore,*  Mag:  Mr.  Howell,* 
Mag: 
Deputyes :     Mr.  Phelps,  Mr.  Stoughton,  Mr.  Porter,  Mr. 
Clarke,  Mr.  Steele,  Mr.  Talcoat,  Mr.  Cullike,  Mr.  Trott , 
Sa:  Smith,  Ja:  Boosy,  Nath:  Dickenson,  An:    Bacon, 
Mr.  Taynter,  Ed:  Haruy,  Dan:  Tytterton,  Will'  Wil- 
coxso, Stephen  Hart,  Tho:  Judde. 
It  is  Ordered,  that  the  three  Townes  on  the  Riuer  &  Tunxis 
shall  pay  ten  shillings  to  whosoeuer  shall  kill  any  Woolfe  wt^in 
any  of  their  libertyes,  &  so  to  pay  for  euery  woolfe  that  shalbe 
kylled  w^^in  the  term  of  one  yeare  after  the  date  hereof. 

Forasmuch  as  diuers  inconueniences  fall  out  by  letting  land  to 
the  Indeans,  whereby  they  mixe  theselues  in  their  labours  w^^ 
the  Inglishe,  and  therby  the  manners  of  many  young  men  are 
lyable  to  be  corrupted,  It  is  Ordered,  that  noe  Inhabitant  w^^in 
this  Jurisdiction  shall  contracte  wth  or  lette  any  land  to  any 
Indean  after  the  publisheing  this  Order,  nether  shall  any  Indean 
possesse  any  land  held  of  the  Inglishe  after  the  last  of  October 
next,  pi'uided  notwt^standing  that  such  natyves  as  haue  caried 
theselues  peacebly,  and  w^h  will  subiecte  theselues  to  be  oi'dered 

•John  Cosmore  and  Edward  Howell,  of  Southampton,  on  Long  Island.  (See  Articles  of  Com- 
bination, in  Appendix,  No.  O.;  and  p.  112,  ante.) 

14* 


150  PUBLIC     RECORDS 

by  the  Inglishe,  shall  haue  pi'uission  for  planting  vppon  reasona- 
ble terms  sette  forth  for  them. 

James  Pyne  hath  forfeted  his  recognizance,  for  not  appeare- 
ingat  the  Court  held  at  Hartford  the  20^^  of  May. 

J  ames  Harwood  also  hath  forfeted  his  recognizance. 

An  Attach*  is  to  goe  forth  for  Tho:  Sherwood. 

A  Warrant  for  Tho:  Newton. 

Whereas,  by  an  Order  of  the  14th  of  January,  1638,  it  was 
Ordered,  that  euery  Generall  Court,  excepte  such  as  through 
neglecte  of  the  Gc^  and  the  greatest  p^te  of  Magistrats  the  Free- 
men theselues  doe  call,  shall  consiste  of  the  Go'  or  some  on 
chosen  to  moderate  the  Courte,  and  4  other  Magistrats  at  lest, 
w^h  the  maior  p^te  of  the  deputyes  of  the  seuerall  Townes, 
legally  chosen,  w^h  hath  bine  conceaued,  that  by  the  example 
thereof  no  p^'ticuler  Court  might  be  keepte  excepte  the  Go''  or 
Dep:  Go""  and  4  Magistrats  were  pi'sent,  w^h  this  day  coming 
into  consideration,  this  Court  seeing  the  many  inconueniences 
thereof  to  be  so  restreyned,  &  considering  in  case  it  may  so 
fall  out  that  by  reson  of  the  absence  of  the  Gc  or  Deputy  &  4 
Magist:  noe  pi^ticuler  Court  may  be  extant  to  administer  justice 
according  to  the  law  of  God  and  humane  pollicy,  W^^  is  now 
[163]  conceaued  to  be  contrary  to  the  trewe  meaneing  ||  of  the 
said  former  Order,  It  is  therefore  now  declared  and  so  Ordered, 
sentenced  &  decreed,  that  the  Gou'"  or  Dep:  Go'  w^h  2  Magis- 
trats shall  haue  power  to  keepe  a  p'ticuler  Court,  according  to 
the  lawes  established,  &,  in  case  the  Gou*"  or  Dep:  Go*"  be  ab- 
sent, or  some  waye  or  other  incapable  ether  to  sit  or  to  be 
p''sent,  if  three  Magistrats  meete,  and  choose  on  of  theselues  to 
be  a  moderator,  they  may  keepe  a  p^ticuler  Court,  w^h  to  all 
intents  &  purposes  shalbe  deemed  as  legall,  as  though  the  Goi" 
or  Deputy  did  sitte  in  Courte,  and  all  other  Orders  that  haue 
bine  heretofore  in  that  case  made  shalbe  reduced  to  this  Order.* 

It  is  Ordered,  that  there  shalbe  a  gard  of  20  men,  euery  Sab- 
both  and  Lecture  day,  compleate  in  their  arms,  in  ech  seuerall 
Towne  vppon  the  Riuer,  and  atte  Seabrooke  and  Farmington 
8  apeece,  ech  towne  of  the  sea  coast  ten,  and  as  the  nuber  of 
men  increase  in  the  Townes,  the  gaurd  is  to  encrease. 

*  [In  margin,]  "  Added  to  the  lO"'  fundamental!." 


OF     CONNECTICUT.  151 

May  the  25th,  i647. 

The  Estreits  for  the  leueing  of  Fynes  shall  goe  forth  once 
eu^y  yeare,  both  in  the  Townes  on  the  Riuer  and  by  the  sea- 
side, and  some  officer  appoynted  in  ech  place  to  leuy  and  re- 
ceaue  the  and  the  accoumpts  to  be  giuen  in  by  the  seuerall  Plan- 
tations of  their  generall  chardges  at  the  Court  in  Septeber,  for 
the  pi'fecting  of  the  accoumpts  betwixt  them.  Mr.  Ludlowe  is 
desiered  to  graunt  out  warrants  for  the  fynes  by  the  sea-side. 

Yppon  the  makeing  vppe  of  the  Rates  betwixt  the  Townes 
by  the  sea  side,  for  the  last  Rate,  ther  was  found  to  be  due  fro 
Stratford,  9/.  iis.  2d. ;  fro  Fairfield,  xiZ.  14s.  Sd. ;  these  Townes 
being  alowed  what  they  had  expended  vppon  the  p^parations  of 
the  late  warrs,  but  other  expenses  shalbe  alowed  out  of  the 
Fynes  when  the  accoumpte  of  the  shalbe  brought  vppe. 

Its  the  mynd  of  the  Court  that  ther  should  be  pi^uision  made 
for  entertayneing  the  Magistrats  dureing  the  sitting  of  the  Court, 
and  the  deputyes  of  Hartford  are  desiered  to  find  out  a  fitte 
man. 

Its  Ordered  that  the  souldears  shall  only  make  choyse  of  their 
millitary  officers  &  p^sent  the  to  the  p^ticuler  Court,  but  such 
only  shalbe  deemed  Officers  as  the  Court  shall  confirme. 

The  chiefe  officer  in  euery  Towne  shall  appoynt  the  dayes 
of  Trayneing  alowed  by  Order  of  Court. 

[169]  Whereas  it  appeares  that  diuers,  to  defeate  and  defraude 
their  creditors,  may  secretly  and  vnderhand  make  bairgens  & 
contracts  of  their  lands,  lotts  and  accomodations,  by  meanes 
whereof,  when  the  creditor  thinks  he  hath  a  meanes  in  a  due 
order  of  lawe  to  declare  against  the  said  lands,  lotts  and  accoili- 
odations,  and  so  recou^  satisfaction  for  his  debte,  he  is  wholy 
deluded  and  frustrated,  w^h  is  contrary  to  a  righteous  rule,  that 
euery  man  should  pay  his  debts  w^^  his  estate,  be  it  what  yt 
wilbe,  ether  real  or  pi'sonall ;  This  Court  takeing  it  into  con- 
sideratio,  doe  Order,  sentence  and  decree,  that  for  the  future 
that  if  any  Creditor  doe  suspecte  any  debtor,  that  he  may  p^ue 
non  soluant  in  his  pfsonall  estate,  to  repair  to  the  Register  or 
Recorder  of  the  Plantation  wher  the  lands,  lotts  or  accomoda- 
tions lyes,  and  enter  a  Caueat  against  the  lands,  lotts  and  ac- 
comodations of  the  said  debtor,  and  shall  giue  to  the  said  Regis- 
ter or  Recorder  4c?.  for  the  entry  thereof;  and  the  said  creditor 


152  PUBLICRECORDS 

or  creditors  shall  take  out  sumons  against  the  said  debtor,  and 
in  due  forme  of  law  the  next  p^ticuler  Court,  ether  for  the  whole 
Collony  or  for  that  prticuler  Plantation  wher  the  said  lands, 
lotts  and  accomodations  lyes,  or  the  next  Court  ensueing,  de- 
clare against  the  said  debitors  lands,  lotts  &  accomodations ; 
and  soe  if  the  creditor  recouer,  he  may  enter  a  judgment  vppon 
the  said  lotts,  lands  and  accomodations,  and  take  out  an  extent 
against  the  said  land,  directed  to  a  knowne  officer,  who  may 
take  two  honest  &  sufficient  men  of  the  neighbours,  to  appryse 
the  said  lands,  lotts  &  accomodations,  ether  to  be  sould  out 
right  if  the  debt  so  require,  or  sett  a  resonable  rent  vppon  the 
same,  vntill  the  debte  be  payd,  and  dehuer  the  possession  there- 
of ether  to  the  creditor  or  creditors,  his  or  their  assigne  or  as- 
signes,  or  any  other ;  and  what  sale  or  sales,  lesse  or  lesses,  the 
saide  officer  makes,  being  orderly  recorded,  according  to  former 
Order  of  recording  of  lands,  shalbe  as  legall  and  bynding  to  all 
intents  &  purposes  as  though  the  debtor  himselfe  had  don  the 
same  ;  p^'uided  that  if  the  said  debttor  can  then  pi'sently  pi^cure 
a  Chapman  or  Tenant,  that  can  giue  to  the  creditor  or  creditors 
satisfactio  to  his  or  their  content,  he  shall  haue  the  first  refusal! 
thereof.  Also  yt  is  declared,  that  he  W^^  first  enters  Caueat  as 
aboue  said,  and  his  debte  being  due  att  his  entring  the  said 
Caueat,  shalbe  first  paid,  and  so  euery  creditor  as  he  enters  his 
Caueat  and  his  debte  becom  due,  shalbe  orderly  satisfied,  vnlesse 
at  the  next  Court  yt  appeares  the  debters  lands,  lotts  and  ac- 
comodations p'"ue  insufficient  to  pay  all  his  creditors,  then  eu^'y 
man  to  haue  a  sutable  p^portion  to  his  debte  out  of  the  same, 
and  yet  notwt^hstanding  euery  man  to  receaue  his  p^'te  accord- 
ing to  the  entry  of  his  Caueat ;  yet  this  is  not  to  seclude  any 
[165]  creditor  |i  to  recouer  other  satisfaction,  ether  vppon  the 
prson  or  estate  of  the  sayd  debtor,  according  to  lawe  and  cus- 
tum  of  the  Collony. 

And  also  yt  is  further  decreed,  that  what  sale  or  bargaine 
soeuer  the  debtor  shall  make  concerneing  the  said  lotts,  lands 
and  accomodations,  after  the  entering  of  the  said  Caueat,  shalbe 
voyde  as  to  defraud  the  said  creditors.  It  is  also  further  ex- 
play  ned  and  declared,  that  if  the  said  debtor  be  knowne  to  be  an 
insoluant  man  before  the  first  Caueat  entered  against  the  said 
lands,  lotts  &  accomodations,  and  the  same  appeare  at  the  next 


OF      CONNECTICUT.  153 

pniculer  Court,  then  the  Court  shall  haue  power  to  call  in  all 
the  creditors  in  a  short  tyme,  and  set  an  equall  and  indifferent 
way  how  the  creditors  shalbe  paid  out  of  the  said  lands,  lotts  & 
accomodations  ;  otherwise,  if  the  said  debtor  proue  insoluant 
after  the  first  Caueat  entered,  then  this  Order  to  be  duly  ob- 
searued,  according  to  the  pTnisses  and  true  intent  and  meane- 
ing  thereof  It  is  also  further  declared  and  explayned,  that  the 
Recorder  or  Register  of  the  said  Caueat  shall,  the  next  pnicuter 
Court  as  aforesaid,  returne  the  said  caueats  that  are  w^h  him, 
at  w^h  tyme  &  Court  the  enterer  of  the  said  Caueats  shalbe 
cauled  forth  to  p^secute  the  next  pniculer  Court  follow- 

ing ;  and  if  the  enterer  of  the  said  Caueats  fayle  to  p^'secute 
according  to  this  Order,  the  Register  or  Recorder  of  the  said 
Caueat  or  Caueats  shall  putt  a  vacatt  vppon  the  said  Caueat  or 
Caueats,  w^h  shalbe  invalled  or  voyde  to  chardge  the  said  lotts, 
lands  and  accoinodations  aforesaid. 

Forasmuch  as  it  is  obsearued  that  many  abuses  are  coinitted 
by  frequent  takeing  Tobacco,  It  is  Ordered,  that  noe  p^son 
vnder  the  age  of  20  years,  nor  any  other  that  hath  not  allreddy 
accustomed  himselfe  to  the  vse  therof,  shall  take  any  Tobacco 
vntil  he  haue  brought  a  Certificat,  vnder  the  hand  of  some  who 
are  approued  for  knowledg  &  skill  in  phisicke,  that  it  is  vsefull 
for  him,  and  also  that  he  hath  receaued  a  lycence  fro  the  Court 
for  the  same.  And  for  the  regulateing  those  who  ether  by  their 
former  takeing  yt  haue  to  their  owne  app^hensions  made  yt 
necessary  to  the,  or  vppon  due  aduice  are  p^suaded  to  the  vse 
thereof.  It  is  Ordered,  that  no  man  wt^in  this  Collony,  after  the 
publicatio  hereof,  shall  take  any  tobacco  publicquely  in  the 
street,  nor  shall  any  take  y t  in  the  fyelds  or  woods,  vnlesse  when 
they  be  on  their  trauill  or  joyrny  at  lest  10  myles,  or  at  the 
ordinary  tyme  of  repast  comonly  called  dynner,  or  if  it  be  not 
then  taken,  yet  not  aboue  once  in  the  day  at  most,  &  then  not 
[166]  in  company  w^h  any  other.  Nor  shall  any  |1  inhabiting  in 
any  of  the  Townes  w^^in  this  Jurisdiction,  take  any  Tobacco 
in  any  howse  in  the  same  Towne  wherhe  liueth,  w^h  and  in  the 
company  of  any  more  then  one  who  vseth  and  drinketh  the 
same  weed,  w^h  him  at  that  tyme ;  vnder  the  penulty  of  six 
pence  for  ech  offence  against  this  Order,  in  any  of  the  p^ticulers 
thereof,  to  be  payd  wt^out  gainesaying,  vppon  conuictio  by  the 


154  PUBLIC     RECORDS 

testimony  of  one  witnesse  that  is  wt^out  iust  exception,  before 
any  one  Magistrate ;  and  the  Constables  in  the  seuerall  Townes 
are  required  to  make  p^'sentment  to  ech  pniculer  Court  of  such 
as  they  doe  vnderstand  and  can  evict  to  be  transgressors  of  the 
Order. 

And  for  the  pi^uenting  that  great  abuse  w^h  is  creepeing  in 
by  excesse  in  Wyne  and  strong  waters,  It  is  Ordered,  that  noe 
inhabitant  in  any  Towne  of  this  Jurisdiction  shall  continue  in 
any  comon  victualing  howse  in  the  same  Towne  wher  he  liueth 
aboue  halfe  an  hower  att  a  tyme  in  drinkeing  wyne,  bear  or 
hotte  waters,  nether  shall  any  who  draweth  &  selleth  wyne 
suffer  any  to  drynke  any  more  wyne  att  on  tyme  then  after  the 
prportion  of  three  to  a  pynt  of  sacke.  And  it  is  further  Order- 
ed, that  noe  such  wyne  drawer  deliuer  any  wyne,  or  suffer  any 
to  be  deliuered  out  of  his  howse  to  any  who  com  for  yt,  vnlesse 
they  bring  a  noate  vnder  the  hand  of  some  on  M'  of  some 
family  and  alowed  inhabitant  of  that  Towne,  nether  shall  any 
such  Ordinary  keep,  sell  or  drawe  any  hotte  waters  to  any  but 
in  case  of  necessity,  and  in  such  moderation  for  quantity  as 
they  may  haue  good  grownds  to  conceaue  yt  may  not  be 
abused ;  and  shalbe  reddy  to  giue  an  accoumpte  of  their  doeings 
herein  when  they  are  cauled  thereto,  vnder  Censure  of  the 
Court,  in  case  of  delinquency. 

When  Mr.  Ludlowe  hath  p'^fected  a  body  of  lawes  as  the 
Court  hath  desiered  him,  it  is  the  mynd  of  the  Court  that  he 
should,  besids  the  paying  the  hyer  of  a  man,  be  further  consid- 
ered for  his  paynes. 

Yf  Mr.  Whiting  w^h  any  others  shall  make  tryall  and  p'se- 
cute  a  designe  for  the  takeing  of  Whale,  wt^^in  these  libertyes, 
and  if  vppon  tryall  w^Hn  the  terme  of  two  yeares,  they  shall 
like  to  goe  on,  noe  others  shalbe  suffered  to  interrupt  the,  for 
the  tearme  of  seauen  yeares. 


[167]  June  the  S^,  1647. 

Ed:  Hopkins  Esq"",  Dep. 

Mr.  Webster,  Mr.  Welles. 
The  Jury : — Humphry  Pynny,  Willia  Heton,  Joseph  Ma- 

gotte,  Tym:  Standly,  John  Edwards,  John  Elsen. 


OF      CONNECTICUT.  155 

In  the  action  of  Aron  Cooke  plS  agt  John  Dawes,  the  Jury 
find  for  the  pi*  4l.  &  costs  of  Court. 

Henry  Densloe  is  bownd  in  a  Recognizance  of  20/.  to  appear 
the  next  Court. 

Mr.  Math:  Allen  &  Tho:  Newton  acknowledge  themselues 
bownd  in  a  Recognizance  of  a  160/.  to  the  Court,  to  saue  tjie 
Court  &  such  debttors  harmeles  &  indempnified  fro  any  dayn- 
ger,  losse  or  inconuenience  that  may  befall  the  by  any  some  of 
mony  that  shalbe  recouered  in  the  Court,  of  Scippeseyer  his 
debts,  in  reference  to  an  ac.  comenced  ag'  Sa:  Smith. 

In  the  action  of  Math:  Allen  pi.  ag*  Peter  Jacobe,  of  6/.  10s. 
thers  acknowled  to  be  paid, 

by  Dauid  Prouost,    .         .         .         .         2.  0. 
by  Sa:  Smith,  1:  2:  7;  .         .         .     1.  2.  7 

more  by  him  in  wheat  2/.  8s.  .         2.  8. 

behind  19s.  5d.  w^h  the  def*  is  to  pay. 

Tho:  Sherwood,  for  his  contempte  in  not  appeareing  att 
Court  vppo  suiTions,  is  fyned  40s. 

Tho:  Newton,  for  his  misdemeanor  in  the  vessell  cauled  the 
Virgin,  in  glueing  Phillipe  White  wyne  w"  he  had  to  much  be- 
fore is  fyned  5/. 


[168]  June  the  2,  1647. 

Ed:  Hopkins  Esq'. 

Capten  Mason,  Mr.  Webster. 
[Deputyes  ;]— Mr.  Steele,  Mr.  Talcoate,  Mr.  Cullicke,  An- 
drew  Bacon,  Mr.  Trott,  James  Boosy,  Sa:  Smith,  Mr. 
Clarke,  Mr.  Porter. 
It  was  this  day  Ordered,  that  all  guns  and  millitary  amunition 
w^h  this  CoiTion  welth  by  a  Comitte  haue  formerly  bought  of 
George  Fenwicke  Esq'',  be  deliuered  vnto  Capten  Mason  for 
the  vse  of  the  Country,  w^h  being  done,  the  sd.  Capten  Mason 
to  acquit  &  dischardge  the  said  George  Fenwicke,  or  his  Agent, 
of  the  p^ticulers  soe  deliuered. 

It  was  then  further  Ordered,  that  Capten  Mason  should  for 
the  peace,  safty  and  good  asurance  of  this  Comon  welth,  haue 
the  comaund  of  all  souldears  and  inhabitants  of  Seabrooke,  and 


156  PUBLIC     RECORDS 

in  case  of  alarum  or  daynger  by  approch  of  an  enimy,  to  drawe 
forth  or  put  the  said  souldears  &  inhabitants  in  such  posture  for 
the  defence  of  the  place,  as  to  him  shall  seeme  best. 

It  is  this  day  Ordered,  that  in  case  Mr.  Whiting,  being  at 
p^sent  vppon  a  voyadge  att  sea,  be  by  Pruidence  p^uented  of 
his  intended  returne,  then  Capten  Mason  to  be  on  of  the  Com- 
issic^  for  this  Jurisdiction,  and  to  attend  the  searuice  this  yeare 
w^h  the  Comissio^s  of  the  Vnited  Collonyes,  in  the  Bay  or  els- 
wher,  at  the  tyme  or  tymes  appoynted. 

Whereas  Capten  Mason,  at  the  spetiall  instance  &  request  of 
the  inhabitance  of  Seabrooke,  togather  w^h  the  good  likeing  of 
this  Comon  welth,  did  leaue  his  habitatio  in  the  Riui'  and  re- 
paire  thither,  to  exercise  a  place  of  trust.  It  is  this  day  Ordered, 
that  his  former  sallary  of  40^.  p'"  ann.  be  continued,  and  after 
ech  of  the  terms  yt  hath  bine  formerly  dewe,  then  at  20  dayes 
warneing  yt  be  put  abord  some  vessell  or  vessells  as  himselfe 
shall  appoynd. 

Memorandin.  W^  the  Capten  doth  rec.  the  guns  &  millitary 
amunition,  he  must  deliuer  a  bill  of  the  p^ticulers  to  the  Reges- 
ter,  to  be  keepte  as  a  record  for  the  Country. 

The  p'"portions  for  the  composition  for  the  Fort  for  the  full 
Tearme  of  10  yeares  is  as  followth  : — 

Hartford,        60/.  5s.     ^  p'te  wheat,     ^  p'te  pease,     ^  Ry. 

Tunxis,  15.    5.       in  the  same  kynd. 

Wyndsor,       45.  ^  wheat,  ^  pfease. 

Wethersflcld,  49.    10.     ^-p^te  wheat,    f  p^ts  pease. 

Seabrooke,      10.  the  same  as  Hartford. 


[169]  Sep:  2,  1647. 

Ed:  Hopkins,  Esq^ 

Mr.  Webster,  Mr.  Welles. 
[The  Jury;-]     Nath:   Waird,  Nath:  Ely,    Sa:  Hales,    Jo: 
Edwards,  Jo:  More,  Aron  Cooke. 

In  the  ac.  of  Wyddowe  Kilburne  pi.  ag^  Peter  Blachfield  deft, 
the  Jury  find  for  the  pi.  40s.  &  cost  of  Court. 
George  Abbott  is  to  pay  12s.  to  Rich:  Letten. 


OF     CONNECTICUT.  157 

Vpson  is  to  pay  Kerby  ixs.  and  the  cost  of  Court,  excepte 
witnesses. 

]\jrs  Whiting  is  admitted  to  administer  according  to  the  will 
of  her  deceased  husband. 

Trotte  agt  Norton,  2  ac. 

Executio  graunted  M^s  Willis. 

Executio  graunted  Aron  Cooke. 

John  Nubery  confesseth  that  he  made  seuerall  attempts  of 
bestiality,*         .... 

John  Gyn'ngs  for  resisting  the  watch  seuerall  tymes  is  fyned 
40s.  and  to  find  surtyes  for  his  good  behauior. 

Peter  Bassaker  for  resisting  the  watch  is  fyned  20s.  and  to 
find  surtyes  for  his  good  behauior. 

Tho:  Hubbert  for  refuseing  to  watch  is  fyned  xs. 


Sep.  9,   1647. 
Ed:  Hopkins  Esq"". 

Mr.  Webster,  Mr.  Woolcott,  Capten  Mason,  Mr.  Welles. 

[Deputj/es ;]     Mr.  Steele,  Mr.  Talcoat,  Mr.   Westwood, 

Andr:  Bacon,  Mr.  Phelps,  Mr.  Clarke,  Mr.  Stoughton, 

Mr.  Gaylard,  Mr.  Trott,  Liue*  Boosy,  Sa:  Smith,  Nath: 

Dickenson. 

Thers  liberty  giuen  the  Comissio^s  to  forbeare  their  sett 

meeting  att  Septeber,  pi'uided  they  meet  once  in  the  yeare. 

Also,  if  no  more  then  syxe  of  the  Comissio"  meet,  they  may 
goe  on  in  their  occations  yf  they  all  agree,  and  it  shalbe  as  eflTec- 
tuall  as  if  the  whole  8  meet,  haueing  sufficient  warneing. 
There  is  a  Rate  of  100/.  graunted. 

Capten  Mason  &  Jo:  Clarke  are  desiered  to  carry  on  the 
building  of  the  Fort,  by  hireing  men  or  Cartls  or  other  necessa- 
ryes.  They  are  alowed  to  make  vse  of  the  last  Rate  to  be  paid 
by  Seabrook. 

The  Court  thinks  meet  that  a  Comission  be  directed  to  Mr. 
Wynthrop,  to  execute  justice  according  to  c  lawes  &  the  rule 
of  righteousnes. 

*  A  line  omitted. 

15 


168  PUBLIC     RECORD 


deuissio  of  the  Rate  ; 

;  Hartford, 

35/. 

10. 

Wyndsor, 

24. 

10. 

Wethersfd, 

24. 

Seab: 

8. 

Farm: 

8. 

100.     0. 
The  Courts  adioyrned  to  the  last  Wednesday  in  October. 

[170]  October  29th,  1647. 

Jecoxe  is  bownd  in  a  Recognizance  of  10/.,  James  Pyne  in 
20/.,  p^'uided  Pyne  keepe  good  behauior  vntill  the  Court  in  May 
at  Fayerfield,  and  appeare  ther. 

The  Rats  to  be  paid  in  Enghshe  graine. 

The  Courts  adioyrned  to  the  first  Thursday  in  March. 


No:  THE  22th,  1647. 
Ed:  Hopkins  Esqi",  Dep:  Go^. 

Mr.  Webster,  Mr.  Woolcoate,  Mr.  Welles. 
[The  Jury  ;]    Tho:  Ford,  Will:  Wodsworth, /?/7ie(f  2s.  Vid.^ 
Gregory  Wilterton,  John  Barnard,  Mr.  Porter,  Dauid 
Wilton,  Tho:  Dewy,  Sa:  Marten,  John  Notte,  Sa:  Bore- 
man,  John  Westall,  Will:  Pantry,  Tymothy  Standly. 
In  the  action  of  John  Guttridge  pi.  agt  Jaruis  Mudge  deft,  the 
Jury  find  for  the  pi.  20  bush:  Indean ;  7s.  vi^.  forbearance ;  20s. 
to  be  deducted  for  chardge  &  hazard ;  remayneth  for  the  pL 
37s.  6c?.  &  chardge  of  Court. 

Sa:  Gardner  is  to  be  alowed  fro  Mudge  vis.  for  three  bush: 
Indean. 

In  the  action  of  the  Case  of  Tho:  Olcoatte  pi.  agt  Mathew 
Gryssell  deft,  the  Jury  find  for  the  plantife  50/.  dainages  &  coste 
of  Court,  and  for  witnesses  30s.  The  defent  to  make  improue- 
ment  of  the  goods  that  miscaried,  for  his  owne  vse. 


of    connecticut.  159 

December  the  2*^,  1647. 
Ed:  Hopkins  Esq"',  Dep:  Gc. 

Mr.  Webster,  Mr.  Woolcoate,  Mr.  Welles. 
The  Jury  :     Mr.  Trotte,  Mr.  Talcoate,  Tymothy  Standly, 
John  White,  Tho:  Osmore,  Liuetenant  Boosy,  Sa:  Smith, 
Tho:  Coleman,  Henry  Clarke,  Mr.  Hill,  Mr.  Hull,  Jo: 
More. 
The  Jury  find  the  bill  of  indictement  ag*  John  Nubery,  that 
he  is  guilty  of  buggery. 

James  Whatly,  for  his  contempte  in  not  watching,  is  fyned 
3s.  4id.  &  the  chardge  of  witnesses. 

In  the  actio  of  James  Whatly  pi.  ag*  Tho:  Coleman,  the  Jury 
find  for  the  deft,  cost  of  Court  and  witnesses. 

In  the  actio  of  George  Steele  pi.  agt  Will'  Corbit  defS  the 
Jury  find  for  the  pi*  205.  damages  and  cost  of  Court. 

In  the  2d  actio  of  George  Steele  pi.  agt  Will'  Corbit  defS  the 
Jury  find  for  the  pi.  10s.  damages,  and  cost  of  Court. 

Mr.  Woolcoate  is  to  giue  notice  to  Tho:  Marshfields  credit- 
ors to  prfecte  the  diuissio  of  the  remaynder  of  that  estate  in  his 
hands,  by  the  24  th  of  June  next. 


[171]  Feb:  23th,  i647. 

Ed :  Hopkins  Esq"",  Dep:  Go"^. 

Mr.  Webster,  Mr.  Woolcoat,  Mr.  Welles. 

[Deputyes :]     Mr.  Steele,  Mr.  Talcoate,  Mr.  Westwood, 

Andrew  Bacon,  Mr.  Phelps,  Mr.  Stoughton,  Mr.  Clarke, 

Mr.  Trotte,  James  Boosy,  Sa:  Smith,  Nath:  Dickenson. 

Forasmuch  as  yt  is    obseaured   that   ther  are  diuersity   of 

wayghts,  yards  and  measures  amoungst   vs,  whereby  damag 

many  tymes  ensueth,  by  comerce  w^h  seuerall  pi'sons ;  For  the 

pi'uenting  whereof,  yt  is  now  Ordered,  that  no  man  w^hin  these 

Liberty es  shall,  after  the  publisheing  this  Order,  sell  any   com- 

odity  but  by  a  sealed  waight  or  measure,  vnder  the  penulty  of 

xij(i.  ech  defaulte  :  the  Clarke  is  to  haue  a  penny  for  sealeing  a 

wayght  or  yard,  ech  time,  and  noe  waight  or  measure  is  to  be 

accoumpted  authenticke  that  is  not  sealed  or  approued  by  the 


160  PUBLIC     RECORDS 

Clarke  once  euery  yeare  :  and  the  said  Clarke  is  to  breake  or 
demolishe  such  wayghts,  yards  or  measures  as  are  defectiue. 


March  the  2^,  1647. 
Ed:  Hopkins  Esq',  Dep:  Go"". 

Mr.  Webster,  Mr.  Woolcoate,  Mr.  Welles. 
\The  Jury ;]     John  White,   John  Byssell,    John   Drake, 
Dan:  Clarke,  Henry  Woolcott,  John  Edwards,  Sa:  Mar- 
ten, Sa:  Hales,  Luke  Hitchcoke,  Will'  Pantry,    Rich: 
Goodman,  Rich:  Butler. 
In  the  ac.  of  Will'  Gibbins  as  Assigne  to  Waterman  pi.  ag* 
Fra:  Norton  defS  the  Jury  find  for  the  def*,  costs  of  Courte. 

In  the  ac.  of  Peter  Jacob  pi.  agt  Sa :  Smith  defS  the  Jury 
find  for  the  pi.  5/.  Is.  9d.  and  costs  of  Court. 

In  the  ac.  of  Nath:  Dickenson  pi.  agt  Peter  Jacob  def^,  the 
Court  adiudgeth  the  def*  to  pay  12s.  and  costs  of  Court. 

In  the  ac.  of  John  Sadler  pi.  ag*  Peter  Jacob  def*,  the  def*  is 
to  pay  ixs.  and  costs  of  Court,  and  18^.  for  witnesses. 

John  Moses  acknowledgeth  himselfe  bownd  to  this  Comon 
welth  in  a  Recognizance  of  20/.  and  Mathew  Allen  in  xl,  p^ui- 
ded  that  the  said  John  Moses  appeare  at  the  next  p^^ticuler 
Court  and  keepe  good  behauior  in  the  meane  tyme, 

Ed:  Chancutt,  for  diuulging  misreports  ag*  Hide,  is  fyned 
405.  and  Beniamin  Nubery  for  the  like  is  fyned  20s.  and  Mas- 
tens  the  boy  to  be  corrected. 

Anthony  Longdon  for  drunkenes,  is  fyned  20s. 
Nicholas  Gynings,  for  a  miscaridge,  beateing  of  a  Cow  of 
Ralfe  Keelers 

Peter  Bassaker,  10s. 

Ralfe  Keeler,  Jenings,  Ketchrell. 


March  the  9*^,   1647. 

Ed:  Hopkins  Esq^,  Dep:  Go'. 

Mr.  Webster,  Mr.  Woolcoat,  Mr.  Welles. 
[Deputyes:]     Mr.  Steele,  Mr.  Talcoat,  Mr.  Westwood, 


OF      CONNECTICUT.  161 

Mr.  Phelps,  Mr.  Trott,  Mr.  Stoughton,  Mr.  Clarke,  Ja: 
Boosy,  Sa:  Smith. 

Willia  Rescue  is  to  be  alowed  40s.  towards  his  chardges  in 
keepeing  the  prysoners. 

Ther  is  a  liberty  giuen  to  lett  any  grownd  on  the  east  side 
the  great  Riuer  and  in  the  Hand,  to  such  Indeans  as  haue  giuen 
in  their  names  to  the  Dep;  Gc,  and  if  that  p^ue  to  little  it  is 
lefte  to  the  Go""  to  dispose  of  the  as  he  shall  see  cause. 

The  Court  thinks  fitt  that  Massacoe  be  purchased  by  the 
Country,  and  that  ther  be  a  Comitte  chosen  to  dispose  of  yt  to 
such  inhabitants  of  Wyndsor  as  by  the  shalbe  judged  meet  to 
make  improuement  therof,  in  such  kynd  as  may  be  for  the 
good  of  this  Comon  welth,  and  the  purchase  to  be  repaid  by 
those  that  shall  enioy  yt,  w^h  resonable  alowance.  Mr.  Hop- 
kins is  intreated  to  be  one  of  the  Comittes  and  Mr.  Webster 
another;  and  Mr.  Steele,  Mr.  Talcoate  <fe  Mr.  Westall  to  vew 
the  foresaid  grownd  and  assist  in  the  dispose  therof. 

Wheras  by  former  Order  there  was  2d.  p^  pownd  laid  vppon 
euerypownd  of  Beuer  traded  w^^'in  the  libertyes  of  these  Plan- 
tations vppon  the  Riuer,  that  hath  not  hitherto  been  pi'formed, 
It  is  now  Ordered,  that  whosoeu""  hath  traded  any  w^i^in  these 
libertyes  the  last  yeare,  or  shall  herafter  trade  any  wt^in  the 
tyme  specified  in  the  foresaid  Order,  That  they  giue  notice 
thereof  to  Mr.  Hopkins  before  they  export  yt  downe  the  Riuer, 
vnder  the  penulty  of  forfeting  the  one  halfe,  as  in  the  former 
Order. 

[173]  It  is  Ordered,  that  ther  shalbe  a  Rate  of  150/.  paid  by 
the  Country,  whereof  noe  man  shall  pay  aboue  a  third  part  in 
Indean,  and  it  is  intended  that  the  Capten  shall  haue  60/.  therof, 
for  a  yeare  &,  halfe,  and  40/.  to  Math:  Gressell,  and  the  rest  tor 
the  Comittee  for  the  Fortte. 

The  diuission   is,^  for    Hartford, 
Wyndsor, 
Wethersfield, 
Seabrooke, 
Farmington, 

Wheras  by  reson  of  many  waighty  occations,  expences  and 
chardges  are  yearely  expended  by  the  Go'',  It  is  therefore  Or- 
15* 


53. 

5s, 

36. 

15. 

36. 

0. 

12. 

12. 

162  PUBLIC     RECORDS 

dered,  that  ther  shalbe  yerely  alowed  to  that  Place  30Z.  and  30/. 
to  the  Deputy  Go'"  for  the  year  past. 

Wheras  yt  was  Ordered,  that  ther  should  be  20  men  to  attend 
the  Gaurd  at  Wethersfield,  in  regard  of  the  smale  number  in 
the  Towne  yt  is  now  brought  to  12  men. 


*  The  Inventoryes  of  John  Elsen  &  Abraha  Elsen  are  brought 
into  the  Courte. 

A  Caueat  put  in  ag*  both  Wills  by  Sam:  Gardner. 

The  Wyddow  of  John  Elson  is  alowed  to  administer. 

Sa:  Smith  giueth  security  for  the  estate. 

Tho:  Coleman  vndertaks  the  estate  of  Abraham  Elson  shalbe 
p^'searued  vntill  the  Court  settle  the  administration. 


[174]  [The  date  of  this  Court  is  not  given.] 

Ed:  Hopkins  Esq'. 

Mr.  Webster,  Capten  Mason,  Mr.  Woolcott,  Mr.  Welles. 
The  Jury :     John   White,  Willia   Lewis,   Willia   Wods- 
worth,  Tho:  Osmor,  Tho:  Coleman,  Mr.  Hill,  John  Bys- 
sell,  Math:  Graunt,  Walter  Fyler,  Sa:  Hales,  John  De- 
mon, Phillip  Groues. 
In  the  action  of  Sarah  Lord  pi.  agt  Willia  Venison*  deft,  the 
Court  adiudgeth  the  def^  to  pay  the  pi.  14s.  lOdf.  damages  & 
costs  of  Court. 

In  the  actio  of  Sarah  Lord  pi.  ag'  Nath:  Watson  def^  the 
Court  adiudgeth  the  said  Watson  to  pay  the  pi.  ten  bush:  of 
Wheat  &  costs  of  Court. 

John  Truble  accepteth  of  Math:  Gryssell  his  Oath  and  is  con- 
tent to  be  accoumptable  to  him  for  20  bush:  of  Wheate. 

Will'  Colefoxe,  for  his  misdemeanor  in  laboring  to  inuegle  the 
affections  of  Write  his  daughter,  is  fyned  5Z. 

In  the  action  of  Math:  Gryssell  pi*,  ag*  Tho:  Olcoat  deft,  the 
Jury  find  for  the  pl^e,  That  accoumpting  the  former  judgement 

*  The  entries  which  follow,  in  relation  to  the  estates  of  John  and  Abraham  Elsen,  are  in  a 
different  hand  writing  from  the  rest  of  the  page,  and  were  probably  made  some  weeks  subse- 
quently.   The  Inventory  of  John  Elsen  was  taken  May  16th. 

♦  Vincent  ■? 


OFCONNECTICUT.  163 

graunted  Mr.  Olcoat  to  be  fully  satisfied,  the  pi.  is  to  receaue 
backe  30Z.  of  the  deft,  and  costs  of  Court. 

In  the  action  of  Ed:  Higby  pi.  ag*  James  Whatly  deft,  the 
Jury  find  for  the  defen*,  costs  of  Court. 

In  the  ac.  of  Rich:  Meaks  pi.  ag*  Will'  Lewis  def*,  the  Jury 
find  for  the  pi.  ten  shillings  damages  &  costs  of  Court. 

The  Constables  are  to  make  p''sentment  of  the  brech  of  any 
Orders. 


[176]  May  the  18th,  1648. 

Ed:  Hopkins  Esqf,  Gou''. 
Roger  Ludlowe  Esq"",  Dep. 

George  Fenwicke  Esq^",  Magestrate ;     Mr.   Welles,  M: 
Tr[es^;]  Jo:  Heynes  Esq^  M:  Mr.  Webster,  M:    Cap: 
Mason,  M;  Mr.  Woolcoate,  M;  Mr.  Cullicke,  i)i";  >Secr; 
Mr.  Howell,  M:  Mr.  Cosmore,  M: 
[Deputy e s :']      Mr.   Talcoate,  Mr.    Westwood,   Andrewe 
Bacon,    Ed:    Stebbing,    Mr.    Phelps,    Mr.    Allen,    Mr. 
Stoughton,  Jo:  Byssell,  Mr.  Trott,  Linetenant  Boosy, 
Sa:  Smith,  Nath:  Dickenson,  Stephen  Hart,  Tho:  Judde, 
Andrew  Waird,  Mr.  Taynter,  Phillip  Groues. 
Whereas  ther  are  certen  farms  to  be  sett  forth  vppon  the 
borders  or  wt^in  the  limitts  of  Fayerfield,  It  is  Ordered,  ther 
shalbe  no  further  pi'ceeding  in   takeing  vp  any  grownd  ther 
aboute  vntill  it  be  vewed  by  some  that  shalbe  appoynted  by 
such  as  shall  keepe  the  next  Court  to  be  held  att  Fayerfield. 

The  motion  made  by  Mr.  Ludlowe,  concerneing  Moses 
Wheeler  for  the  keepeing  the  Ferry  att  Stratford,  is  referred  to 
such  as  shall  keepe  the  next  Court  att  Fayerfield,  both  in  the 
behalfe  of  the  Country  and  the  Towne  of  Stratford. 

Wheras  Dauid  Prouost  and  other  Dutchmen  (as  the  Court 
is  informed,)  haue  sould  powder  and  shotte  to  seuerall  Indeans, 
against  the  expresse  Lawes  both  of  the  Inglishe  &  Dutch,  It  is 
now  Ordered,  that  if  vppon  examination  of  witnesses  the  said 
defaulte  shall  fully  appeare,  the  penulty  of  the  lawes  of  this 
Comon  welth  shalbe  laid  vppon  such  as  shalbe  found  guilty  of 
such  transgression,  the  w^hif  such  delinquents  shall  notsubiect 
vnto  they  shalbe  shipped  for  Ingland  and  sent  to  the  Parlament. 


164  PUBLIC     RECORDS 

It  is  Ordered,  that  Capten  Mason  shall  goe  to  Long  Hand 
and  to  such  Indeans  vppon  the  Mayne  as  are  tributaryes  to  the 
Inglishe,  and  require  the  Tribuit  of  the,  long  behind  &  yet 
vnpaid,  and  to  take  some  stricte  and  righteous  course  for  the 
speedy  recouering  therof ;  and  it  is  judged  equall  and  alowed 
that  he  shall  haue  the  on  halfe  for  his  paynes. 

Mr.  Wynthrope  the  younger  is  to  haue  Comission  for  to  exe- 
cute the  place  of  a  Magistrate  at  Pequoyt. 

The  Gouernour  and  Deputy  are  desiered  to  execute  the  place 
of  Comissioners  for  this  Jurisdiction  w*^  the  Vnited  Collines, 
for  the  meeting  in  September  and  for  on  yeare,  and  in  case 
ether  of  the  shalbe  p^uented  by  sicknes  or  otherwise,  Mr. 
Welles  is  desiered  to  supply  the  place. 

Hartford  is  to  make  and  mayntayne  the  Bridge  leading  to 
Farmington,  w^i^in  the  libertyes  of  Hartford. 


[177]  June  the  first,   1648.* 

Ed:  Hopkins  Esq"",  Gc. 

Mr.  Webster,  Mr.  Woolcoate,  Mr.  Welles. 
The  Jury  :     Mr.  Parke,  Gregory  Wilterton,  John  Barnard, 
Richard  Goodman,  Rich:  Olmstead,  Mr.  Pynny,  Robert 
Wynchell,  Dauid  Wilton,  Will'  Traull,  Nath:  Dicken- 
son, Rich:  Smith,  John  Edwards. 
In  the  action  of  Carpenter  pi*,  agt  Demon  defS  the  Jury  find 
for  the  pi.  4/.  damages  &  costs  of  Court.     Execution  d'd  to  the 
pV  this  30'"  of  March,  1650. 

John  Byssell  is  bownd  in  a  Recognizance  of  10/.  and  John 
Bennitte  of  20/.  pi'uided  that  the  said  Bennit  keepe  good  beha- 
uior  and  appeare  the  next  Court.  He  promiseth  to  acknow- 
ledge his  fault  publiquely  at  Wyndsor. 

John  Moses,  for  miscaridges  w^i^  Dauid  Wilton  his  daughter, 
fyned  20s. 

*  With  the  record  of  this  Court,  the  official  duties  of  Mr.  Welles,  as  Secretary,  terminated.  The 
fecord  of  the  following  session,  is  in  tlie  hand  writing  of  Mr.  (afterwards  Captain)  John  Cullick, 
Who  had  been  chosen  Secretary  in  May  previous,  and  who  continued  in  office  until  1658. 


op    connecticut.  165 

[178]  Att  a  meeting  of  the  Generall  Courte  in  Hartford, 
THIS  12'^i»  DAY  of  July,  1648. 
Whereas  seuerall  inconveniences  doe  appeare  by  reason  that 
the  seuerall  souldgers  of  the  Trained  bands,  in  each  Towne 
within  this  Jurisdiction,  haue  not  beene  allowed  some  powder 
vppon  theire  training  dayes,  for  their  practice  &  exercise  in 
their  seuerall  firings  :  It  is  Ordered  that  theire  shall  bee  allowed 
to  euery  souldger  in  the  seuerall  Trained  Bands  in  each  Towne 
as  aforesaid,  halfe  a  pound  of  powder  a  peece,  for  a  yeare  :  and 
so  from  yeare  to  yeare,  for  the  future  :  to  bee  prouided  by  and  at 
the  proper  costs  &  chardges  of  the  masters  and  gouerncs  of 
each  familie  vnto  w^h  the  said  souldgers  doe  belong,  to  bee 
called  forth,  improued  and  disposed  of,  at  the  discretion  of  the 
Captaine  or  other  principall  leaders  in  each  Trained  Band. 


Att  a  Perticular  Courte  houlden  in   Hartford,  the  7*^^ 
Septemb'',  1648. 
Magistrates :     Mr.  Wells,  Moderate  ;  Mr.  Webster,  Mr. 

Woollcott,  Mr.  Cullick. 
The  Jury :     Mr.  Henry   Woollcott,  Jur :  Will:   Pantry, 
Will:   Leawis,  Will:  Gibbens,  Rich:  Buttler,  John  Ed- 
wards, Sam:  Hale,  Sam:  Smith  Junio',  Luke  Hitchcock, 
John  More,  Antho:  Hawkins,  Aaron  Cooke  ;   Jur. 
,    George  Chappell  contra  John  Goodrich  in  an  action  of  the 
Case.      Withdrawne. 

Jeames  Wakely  pi*,  contra  Nath:  Ward  defends  in  an  action 
of  the  Case. 

Mrs.  Whiting  pit,  contra  Jonathan  Brewster  defend^,  in  an 
action  of  Debt,  33/.  18s.     Damages  10/. 

Nicho:  Olmsted  pi*,  contra  John  Halls  senior  in  an  action  of 
the  Case ;  damages,  40s. 

Tantom  Heage,  an  Indian,  plS  contra  Jeames  Northam  & 
Robert  Boltwood  defend^s ;  damages,  20/. 

Jeames  Northam  plS  contra  Jeruis  Mudge  defend*  ;  dama- 
ges, 30/. 

Jeames  Northam  plS  contra  Jeruis  Mudge  defend*,  in  an  ac- 
tion of  the  Case ;  damages  30s. 


166  PUBLIC     RECORDS 

Jeruis  Mudge  plS  contra  Jeames  Northam  defend*,  in  an  ac- 
tion of  the  Case ;  damages,  3/. 

In  the  action  of  Nicho:  Olmsted  pi*,  contra  Jo:  Halls  defend*, 
the  Jury  finds  for  the  pi*,  damages  5s.  and  costs  of  the  Courte. 

In  the  action  of  Tantom  Heage,  an  Indian,  pi*,  contra  Jeames 
Northam  and  Rob*:  Boltwood  defend*^,  the  Jury  finds  for  the 
pi*,  damages,  10/.  and  costs  of  the  Courte. 

In  the  action  of  Jeames  Northam  pi*,  contra  Jeruis  Mudge 
defend*,  damages  30/. ;  the  Jury  finds  for  the  pi*,  damages  3/. 
and  costs  of  the  Courte. 

In  the  action  of  Jeames  Northam  pi*,  contra  Jeruis  Mudge 
defend*,  damages,  30s. ;  the  Jury  finds  for  the  pi*,  damages, 
12s.  6d.  and  costs  of  the  Courte. 

In  the  action  of  Mrs.  Whiting  pi*,  contra  Jonath:  Brewster 
defend*,  the  said  Jonathan  Brewster  being  called  in  Courte,  or 
Elias  Parkman  his  p^tner,  neither  of  them  did  appeare  to  answer 
the  action,  wherby  his  Recogniscance  is  forfeitt. 

In  the  action  of  Jeames  Wakely  pi*,  contra  Nath  Warde  de- 
fend*, the  action  is  deferred  to  the  next  perticular  Courte,  by 
theire  joint  consent. 


[179]     Att  a  Generall  Courte  vppon  the  14*^  day  of  Sep- 
tember, 1648. 

Magistrates :     Mr.  Wells,  Moderato"",  by  Vote. 

Mr.  Woolcott,  Mr.  Webster,  Mr.  Cullick. 
Deputyes:     Mr.   Steele,  Mr.   Taylecoat,  Mr.   Allyn,  Mr. 
Phelps,  Mr.  Clark,  Mr.  Westwood,  Jo:  Bissell,  Andn 
Bacon,  Mr.  Trott,  Jeames  Boosy. 
The  Courte  is  adiourned  to  the  W^  day  of  October  next,  ex- 
cept the  Gouerno''  see  cause  to  call  it  sooner. 


Att  a  session  of  the  Generall  Courte,  this  11*1^  day  of 
October,   1648. 
Mr,  Hopkins  Esq',  Goui^nor. 
Mr.  Ludlow  Esq"-,  Deputy. 


OF     CONNECTICUT.  167 

Mr.  Wells,  Mr.  Webster,  Mr.  Cullick. 
Deputyes :    Mr.  Phelps,  Mr.  Allyn,  Mr.  Steele,  Mr.  Clarke, 
Mr.  Westwood,  Jo:  Bissell,  Sam:  Smith,  Andrew  Bacon. 
Thomas  Lord  was  called  vppon  for  selling  Lead  to  an  Indian, 
and  he  is  to  answer  the  next  Courte. 

The  Courte  is  adiourned  to  the  8th  Jay  of  November  next. 


[180]     Att  a  Perticular  Courte  houlden  in  Hartford,  this 
17*^^  DAY  OF  October,  1648. 

Edward  Hopkins  Esq^,  Goumor. 

Magistrates  :     Jo:  Haynes  Esq',  Mr.  Wells,  Mr.  Wooll- 

cott,  Mr.  Webster,  Mr.  Cullick. 
Jury :     John  Tailecoate,  Nath:  Warde,  Will':  Wads  worth, 

Andrew  Bacon,  Sam:  Smith,  Nath:  Dickerson,  Thomas 

Coleman,  John  Demyn,  Mr.  Phelps,   Mr.  Clarke,  Mr. 

Allyn,  John  More. 

Elias  Partman  contra  Edward  Lee,  in  an  action  of  the  Case, 
damages,  405.  Edward  Lee  is  adiudged  by  the  Courte  to  pay 
to  Elias  Partman  20s.  for  a  Cannooe  Edward  Lee  acknowledg- 
eth  hee  bought  of  Elias. 

Judgment  is  graunted  by  the  Courte  to  Jeames  Northam  and 
Rob*  Boltwood  against  Jeruis  Mudge. 

John  Bissell  contra  John  Hawkes  in  an  action  of  the  Case, 
damages,  40s. 

In  the  action  of  the  Case,  damages  405.,  bet:  John  Bissell  pi* 
and  John  Hawkes  defends  the  Courte  findeth  for  the  defends 
costs  35. 

John  Bissell  complaines  against  John  Bennett,  for  non 
prformance  of  covenant  with  him. 

John  Drake  complaines  against  John  Bennett  for  saying  he 
had  intised  and  drawne  away  the  affections  of  his  daughter. 

John  Griffin  complaines  against  John  Bennett  for  slaunder- 
ing  and  defaming  of  him,  by  charging  him  with  giuing  in  to  the 
Courte  false  euidence  and  testimonye. 

John  Bennett  being  called  in  Courte,  S^geant  Fyler  appeared 


168  PUBLIC     RECORDS 

in  his  behalfe,  but  would  not  answer  to  those  things  that  were 
complained  of  against  Bennett. 

George  Chappell  and   Mathew   Williams   hauing   forfeited 
theire  Recogniscance,  the  judgement  is   suspended   till   they 
shall  bee  found  or  knowne  to  bee  at  the  howse  of  Thomas  Ford 
or  John  Sadler  :  and  the  judgem<^  of  the  Courte  is,  that  if  either 
George  Chappell  or  Mathew  Williams  shall  hereafter  bee  in 
either  of  the  bowses  aforesaid,  and  the  said  Thomas  Ford  or 
John  Sadler  shall  not  make  it  knowne  to  some  of  the  Magis- 
trates within  24  houres  after  theire  or  either  of  theire  being  in 
theire  bowses  or  either  of  theire  bowses,  they  shall  pay  the  Re- 
cogniscance forfeite  as  aforesaid. 

The  distribution  of  the  estate  of  Thomas  Dewey,  of  Wynd- 
sor,  deceased,  was  by  this  Courte,  as  foUow^h  : 

To  his  Relict,  60/.    .         .         .         .         .         60.  0.  0 

To  his  eldest  Sonne  by  name  Thomas  Dewy,   30.  0.  0 
And  to  the  other  fiue  children  20/.  a  peece,       100.  0.  0 

190.  0.  0. 

The  daughters  portion  of  20/.  to  bee  paid  her  at  the  age  of 
18  yeares,  and  the  severall  sonns  portions  to  bee  pd.  to  them  at 
the  age  of  21  yeares :  the  Relict  giving  in  suffitient  security  to 
the  children,  before  her  marriage  againe,  for  theire  severall  por- 
tions. 


[181]  October  17th,  1648. 

Jury :     Mr.    Phelps,  Mr.  Clark,  Jo:    Demyn,  Jo:  More, 
Srgt   Fyler,   Nath:    Dickerson,    Tho:   Coleman,    Sam: 
Smith,  John  Hawkes. 
In  the  action  of  Jeames  [  Wahehj']  pi*  contra  Nath:  Warde 
defends  the  Jury  finds  for  the  defend*  costs  of  the  Courte. 

The  Courte  adiudgeth  Peter  Bussaker,  for  his  fillthy  and  pro- 
phane  expressions  (viz.  that  hee  hoped  to  meete  some  of  the 
members  of  the  Church  in  hell  ere  long,  and  hee  did  not  ques- 
tion but  hee  should,)  to  bee  coinitti  d  to  prison,  there  to  bee  kept 
in  safe  custody  till  the  sermon,  and  then  to  stand  in  the  time 
thereof  in  the  pillory,  and  after  sermon  to  bee  seuerely  whipt. 


.  OF     CONNECTICUT.  169 

The  Courte  gaue  order  for  an  attachm*^  to  issue  forth  vpon 
the  whole  estate  of  Peter  Bussaker,  in  whose  hands  soeuer,  for 
the  security  of  his  creditors. 

William  Vincent  is  adiudged  by  the  Courte  to  pay  2s.  6d. 
for  neglecting  his  warde,  and  Nicho:  Clarke  is  fyned  12d.  for 
concealing  it. 

The  Courte  giues  Mr.  Cullick  order  to  administer  vppon  the 
estate  of  his  man  Richard  Sawyer  deceased ;  there  being  eui- 
dence  in  Courte  that  Richard  Sawyer  said  before  his  death  that 
hee  would  leaue  all  that  hee  had  to  the  dispose  of  his  Ma"^  Cul- 
lick. 

John  Lord,  Taylor,  acknowledgeth  himselfe  bound  in  a  Re- 
cogniscance  of  20/.  to  this  Comon  wealth,  to  carry  good  beha- 
uio""  in  his  course  of  life ;  and  Thomas  Lord  his  brother  is  his 
security  in  that  behalfe. 

John  Betts  acknowledgeth  himselfe  bound  to  this  Comon 
wealth  in  a  Recogniscance  of  10/.  to  carry  good  behauiour  in  his 
course  of  life,  and  Nicho:  Olmsted  is  his  security  in  that  be- 
halfe. 


[182]     Att  a  Session  of  the  Generall  Courte  this  8^^  day 
OF   NoVEMB'',  1648. 

Magistrates :     Jo:  Haynes  Esq"",  Moderator  :  Mr.  Wooll- 

cott,  Mr.  Webster,  Mr.  Cullick. 
Deputies:     Mr.  Phelps,  Mr.  AUin,  Mr.  Clarke,  Mr.  Steele, 
Andr:  Bacon,  Jo:  Bissell. 
The  Courte  being  mett,  was  adiourned  to  the  6*^  day  of  De- 
cember next. 


Att  a  Session  of  the  Generall  Courte,  this  6*^  of  De- 

CEMB'',  1648. 

Edward  Hopkins  Esq^  Gou'^no'". 

Magistrates:     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick. 
Deputies :     Mr.  Phelps,  Mr.  Clarke,  Mr.  Trott,  Mr.  Allyn, 
16 


170  PUBLIC    RECORDS 

Mr.  Taylecoate,   Mr.   Westwood,  John   Bissell,   Sam: 
Smith,  Andrew  Bacon,  Nath:  Dickerson,  Jeames  Boosy. 

The  Courte  hauing  taken  into  consideration  the  many  occas- 
sions  that  are  in  veiw  at  p^sent,  and  Hke  to  bee  for  the  future,  of 
drawing  away  Corne  from  amongst  vs,  out  of  the  Riuer,  or  in- 
gaging  of  it  aforehand  to  those  that  doe  carry  it  out  from 
amongst  vs,  before  the  time  of  the  payment  of  the  Corne  to 
Mr.  George  Fenwick,  for  the  Fortt  Rate,  that  when  diuers  peo- 
ple should  pay  to  him,  according  to  order,  there  corne  is  gone, 
wherby  Mr.  Fenwick  hath  for  the  time  past  susteined  some  loss, 
and  may  doe  more  for  the  future  : — For  the  prevention  whereof, 
it  is  ordered,  that  the  Treasurer  shall  send  out  warrants  season- 
ably to  the  Constables  of  each  Towne  vppon  the  Riuer  within 
this  Jurissdiction,  for  the  gathering  or  otherwise  securing  of  the 
aforesaid  Corne  for  Mr.  Fenwick,  by  the  first  of  March ;  that 
it  may  bee  in  readines,  when  called  for,  according  to  order  and 
couenant,  by  Mr.  Fenwick  or  his  assigne  ;  and  Mr.  Wells  for 
Wethersfeild,  Mr.  Webster  for  Hartford,  and  Mr.  Woollcott  for 
Wyndsor,  are  desired  to  call  vppon  the  Constables  in  their  seu- 
erall  Townes,  for  the  returne  of  their  warrants  by  the  aforesaid 
first  of  March. 

It  is  ordered,  that  there  shall  bee  a  day  of  Humilliation  kept 
by  all  the  Churches  in  this  Jurissdiction,  to  seeke  the  face  of  the 
Lord  in  the  behalfe  of  his  Churches,  vppon  this  d9,y  fortnight, 
w^^  will  bee  the  20*^  day  of  this  instant  Decemb'". 

The  order  concerning  the  price  of  Boards,  is  repealed. 

The  Courte  is  adiourned  to  the  last  Thursday  in  Jan'uary 
next,  being  the  25^^  day  thereof. 


[183]       The  Perticular  Courte,  this  7'^  Decemb^,  1648. 
Edward  Hopkins  Esq"",  Gou'^no'". 
Magistrates :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick. 
Jury :     Mr.  Phelps,  John  Tailecoate,  Will:  Wads  worth, 

Andr:  Bacon,  S;im:   Smith,  Nath:  Dickerson,  Thomas 

Coleman,  John  Demyn,  Mr.  Clarke,  Mr.  Allyn,  Will: 

Gibbens,  John  More. 


OF      CONNECTICUT.  171 

The  Courte  adiudgeth  Jeruis  Mudge  to  pay  to  Jeames  Nor- 
tham  and  Robert  Boltwood,  for  his  pn  of  the  damage  they  paid 
to  Tantotn  Heage,  if  hee  had  8  head  of  cattle  trespassers,  37s. 
6d.  in  good,  dry,  well-conditioned  Indian  Corne. 

Mathius  Trott  acknowledgeth  himselfe  bound  to  this  Common 
wealth  in  a  Recogniscance  of  20/.  and  Thomas  Burnham  in  a 
Recogniscance  of  10/.  that  hee  the  said  Mathias  Trott  shall  ap- 
peare  at  the  next  Perticular  Courte  houlden  in  Hartford. 

It  is  the  judgement  of  the  Courte  that  John  Jennings  should 
serue  Jeames  Northam  first,  so  long  as  hee  couenanted  with 
him,  and  when  his  time  is  out  with  Northam,  that  then  hee 
should  serue  Stephen  Harte  in  the  next  place. 

The  Courte  frees  John  Betts  and  his  security,  and  John  Lord 
and  his  security,  for  theire  and  either  of  theire  Recogniscances, 
for  the  good  behauior  of  John  Betts  and  John  Lord  aforesaid. 

The  Jury  finds  the  Bill  of  Inditement  against  Mary  Jonson, 
that  by  her  owne  confession  shee  is  guilty  of  familliarity  with 
the  Deuill. 

John  Edmonds  p^  contra  the  wife  of  Joshuah  Jennings  de- 
fendS  in  an  action  of  slaunder,  damages  50/. 

In  the  action  of  John  Edmonds  pi*  contra  the  wife  of  Josh- 
uah Jennings  defend',  the  Jury  finds  for  the  plS  5/.  and  costs  of 
the  Courte. 

John  Bennett  appearing  to  answer  the  complt^  made  against 
[Jii?n]  last  Courte,  and  expressing  his  repentance,  and  promising 
better  carriage  for  the  future,  the  Courte  is  willing  once  more 
to  pass  by  his  corporall  punishment ;  and  Will:  Edwards  ack- 
nowledgeth himselfe  bound  to  this  Common  wealth  in  a  Recog- 
niscance of  20/.  that  John  Bennett  shall  carry  good  behauic  in 
his  course  of  life  for  the  space  of  halfe  a  yeare.  The  perticu- 
lar Courte  vppon  the  first  of  March,  1648,  frees  John  Ben- 
nett and  William  Edwards,  his  security,  from  theire  Recog- 
niscance for  good  hehauio^,  as  appeares  hy  the  Records  of 
that  Court: 

The  Courte  frees  Henry  Palmer  from  his  Recogniscance  for 
his  wiues  appearing  at  the  last  perticular  Courte,  to  answer  the 
compl*  of  Mr.  Robins  :  as  also,  remitt  the  miscariage  of  his 
wife  therein,  hoping  it  will  bee  a  warning  to  her  and  others  for 
the  future. 


172  public    records 

[184]     The  Perticular  Courte,  in  Hartford,  this  28*^ 
DAY  OF  Decemb'",   1648. 
Edward  Hopkins  Esq^  Goufnor. 
Magistrates :     Mr.   Wells,  Mr.   Webster,  Mr.  Woollcott, 

Mr.  Cullick. 
Jury  :     Mr.  Trott,  Thomas  Ford,  John  White,  Nath  :  Ely, 
Rich:  Smith,  Luke  Hitchcock,  Sam:  Hale,  Henry  VVooU- 
cott,  Humphry  Pinny,    Dauid  Willton,  Walter  Fyler, 
Rich:  Goodman. 

John  Willcock  senior,  pl^  contra  Jeruis  Mudge  defend^  in  an 
action  of  debt,  7/. 

Rich:  Fellowes  pi*  contra  Will:  Vincent  defend*,  in  an  action 
of  debt  and  damages,  18s. 

Richard  Fellowes  pi*  contra  Richard  Coaker  defend*,  in  an 
action  of  debt  and  damage,  8s. 

Jasp»'  Gunn  pi*  contra  Nicho:  Olmsted  defend*,  in  an  action 
of  the  Case,  dainages  41s. 

Beniamin  Hilliar  pi*  contra  Thomas  Edwards  defend*,  in  an 
action  of  Slaunder,  to  the  damage  of  40Z. 

Jeruis  Mudge  pi*  contra  Will:  Colefax  defend*,  in  an  action 
of  debt  and  damages,  16/. 

John  Cullick  pi*  contra  George  Abbott  defend*  in  an  action 
of  debt  &  damages,  30s. 

John  Cullick  pi*  contra  Jeruis  Mudge  defend*,  in  an  action  of 
debt  and  damages  20s. 

Jonas  Wood  of  Long  Hand  pi*  contra  Thomas  Newton  of 
Fairefeild,  in  an  action  of  the  Case,  damages  150/. 

Thomas  Newton  pi*  contra  Jonas  Wood  defend*,  in  an  action 
of  the  Case  for  breach  of  couenants,  to  the  damage  of  200/. 

In  the  action  betwene  John  Willcock  senior  pi*  contra  Jeruis 
Mudge  defend*,  the  Jury  findes  for  the  pi*,  7/.  costs  of  the 
Courte  and  wittnesses. 

In  the  action  betwene  Beniamin  Hilliar  pi*  and  Thomas  Ed- 
wards defend*,  the  Jury  findes  for  the  defend*,  costs  of  wit- 
nesses. 

In  the  action  of  Jeruis  Mudge  pi*  and  Will:  Colefax  defend*, 
the  Jury  finds  for  the  pi*,  his  bill,  13/.  16s.,  and  costs  of  the 
Courte. 


OF      CONNECTICUT.  173 

In  the  action  of  Jasp"^  Gunn  pi*  contra  Nich:  Olmsted  defend*, 
the  Jury  findes  for  the  defend*. 

[185]  In  the  first  action  of  Jonas  Wood  pi*  contra  Thomas 
Newton  defend*,  the  Jury  findes  for  the  pi*,  that  the  defend* 
shall  discharge  or  cause  to  bee  discharged  the  bond  that  the  pi* 
and  his  frends  lye  under  at  the  Monatoes,  w<^h  was  to  answer 
the  defend*^  ingagemt  there,  and  to  pay  unto  him  30/.  besides, 
and  costs  of  Courte. 

In  the  action  of  Thomas  Newton  pi*  contra  Jonas  Wood  de- 
fend*, the  Jury  findes  for  the  pi*.  The  defend*  is  to  deliuer  to 
the  pi*  the  two  Cowes  and  the  Steare,  with  theire  increase  if 
any,  and  twenty  shillings  in  wampum,  according  to  the  bargaine> 
and  if  the  said  cattle  cannott  bee  gott  then  the  defend*  is  to 
pay  him  18/.  and  costs  of  Courte. 

In  the  action  of  debt  of  John  Cullick  pi*  contra  George  Ab- 
bott defend*,  the  Courte  findes  for  the  pi*,  305. 

In  the  action  of  debt  of  Capten  John  Cullick  pi*  ag*  Jeruis 
Mudge  defend*,  the  Courte  adiudgeth  the  defend*  to  pay  twenty 
shillings  damadge  to  the  pi*,  and  costs  of  Courte. 

In  the  action  betwene  Rich:  Fellowes  pi*  and  Will:  Vincent 
defend*,  the  Courte  adiudgeth  the  defend*  to  pay  to  the  pi*  14s. 
6d. 

In  the  action  of  Rich:  Fellowes  pi*  contra  Rich:  Coaker  de- 
fend*, the  defend*  not  appearing  to  answer  the  action,  the 
Courte  giues  order  for  an  attachm*  to  issue  forth  ag*  his  body. 

Enoch  Buck  of  Wethersfield  acknowledgeth  himselfe  bownd 
to  this  Comon  wealth  in  a  Recogniscance  of  10/.  toapp""  at  the 
next  perticular  Courte  in  Hartford.  Enoch  Buck  appearing 
at  the  Courte  this  first  of  March  is  freed  from  his  Recog- 
niscance. 

John  Russell  seruant  to  Mr.  Robins,  acknowledgeth  himselfe 
bownd  to  this  Comon  wealth  in  a  Recogniscance  of  10/.  to 
make  his  appearance  at  the  next  perticular  Courte  in  Hartford. 

Beniamin  Hilliar  acknowledgeth  himselfe  bownd  in  a  Recog- 
niscance of  30/.  and  Sam:  Smith  senic  in  a  Recogniscance  of 
20/.  that  the  said  Beniamin  Hilliar  shall  make  his  appearance 
at  the  next  perticular  Courte  in  Hartford  &  carry  in  the  Inte- 
rim good  behauio'.  He  appearing  at  y'  Covrte  y'  first  of 
March,  they  are  freed  from  this  Recogniscance. 


16 


* 


174  PUBLIC     RECORDS 

Walter  Leawis,  seruant  to  M^s  Hollister,  acknowledgeth 
himselfe  bound  to  this  Comoii  wealth  in  a  Recogniscance  of 
20/.  and  Mr.  Trott  in  a  Recogniscance  of  lOZ.  that  the  said 
Leawis  shall  app^  at  the  next  perticular  Courte  in  Hartford  & 
carry  good  behauio^, 

John  Bernard  of  Hartford  is  fyned  2s.  Vid.  for  not  appearing- 
being  called  to  serue  vppon  the  Jury. 

Dauid  Willton  of  Wyndsor  is  fyned  2s.  vi^.,  for  not  appear- 
ing timely  at  the  Courte,  to  serue  on  the  Jury. 
[186]  Thomas  Newton  of  Fairefeild  acknowledgth  himselfe 
bound  to  this  Comon  wealth  in  a  Recogniscance  of  200/.  that 
hee  will  answer,  truly  performe  and  discharge  the  verdict  of  the 
Jury  in  the  action  betwene  Jonas  Wood  plS  and  himselfe  de- 
fend*, at  or  before  the  last  day  of  Febr:  next,  and  Henry  Grey 
and  John  Greene,  both  of  Fairefeild  are  his  security  in  the  like 
sum  for  his  true  performance  thereof 

And  Jonas  Wood  of  Long  Hand  ingages  his  interest  in  the 
Recogniscance  aboue  written,  that  hee  will  truly  performe  and 
discharge  the  verdict  of  the  Jury  in  the  action  betwene  Thomas 
Newton  plS  and  himselfe  defend*,  at  or  before  the  last  day  of 
Febr:  next. 


A  Session  of  the  Generall  Courte  in  Hartford  this 
25th  Jan'-:   1648. 
Edward  Hopkins  Esqi",  Gou^'no''. 
John  Haynes  Esq"". 

Magistrates  :     Mr.  Wells,  Mr.  Woolcott,  Mr.  CuUick. 

Deputyes  :     Mr.  Phelps,  Mr.  Clark,  Mr.  Trott,  Mr.  Allyn, 

Sam:  Smith,  Nath:  Dickerson,  Mr.  Steele,  Mr.  Tayle- 

coat,  Mr.  Westwood,  John  Bissell,  Jeames  Boosy. 

John  Bissell  vnd'-takes  to  keepe  and  carefully  to  attend  the 

Ferry  ouer  the  great  Riuer  at  Wyndsor,  for  the  full  tearme  of 

geuen  yeares  from  this  day,  and  that  hee  will  provide  a  suffi- 

tient  Boate  for  the  carrying  over  of  horse  and  foott  vppon  all 

occasions :  And  that  if  his  owne  occasions  should  necessitate 

him  at  any  time  to  goe  out  of  call   from  his  howse  or  Ferry, 

that  then  hee  will  provide  some  able  man  in  his  roome  to  at- 


OF     CONNECTICUT.  175 

tend  that  seruice ;  for  w^h  the  said  John  Bissell  is  to  haue  of 
those  that  hee  Ferryes  ouer,  eight  pence  for  euery  horse  or 
mare,  and  two  pence  for  euery  person  that  goes  ouer  therewith, 
or  that  hath  another  passenger  to  goe  ouer  the  said  Ferry  at 
the  same  time  ;  and  three  pence  for  euery  person  that  goes  ouer 
the  said  Ferry  alone,  single,  or  without  any  more  thenhimselfe 
at  the  same  time.  And  the  Courte  prohibitts  all  other  persons 
(except  the  inhabitants  of  Wyndsor,  who  haue  libberty  to  carry 
ouer  themselues  or  neighbor's  in  theire  owne  Canooes  or  Boates,) 
from  carrying  ouer  the  said  Ferry  any  passenger  or  passengers, 
when  the  said  John  Bissell  or  his  Assigne  is  present,  or  within 
call  of  his  howse  or  Ferry  as  aforesaid,  to  attend  that  seruice. 
And  if  any  person  or  persons  as  aforesaid  shall  at  any  time 
during  the  aforesaid  tearme,  goe  ouer  by  Indians  or  Inglish  that 
haue  not  Boates  or  Cannoes  of  theire  owne,  that  they  pass 
ouer  the  said  Ferry  in,  they  shall  as  truly  pay  8d.  for  euery 
horse  or  mare,  and  2c?.  for  euery  person,  as  if  they  went  ouer 
with  him.  And  the  Courte  allso  giues  the  said  John  Bissell 
liberty  to  releiue  such  strangers  and  passengers  as  cannot  goe  to 
the  ordinary,  and  to  take  of  them  convenient  and  reasonable 
recompense  for  the  same.  This  was  consented  to  by  John 
Bissell  in  Courte. 

It  is  Ordered  that  Thomas  Stanton  shall  haue  paid  him 
yearely  by  the  Country,  fiue  pownds  for  his  seruice  in  attending 
the  Courte,  or  any  of  the  Magistrates,  as  occassion  shall  require 
in  any  of  the  3  Townes,  Hartford,  Wyndsor  and  Wethersfeild, 
to  interprett  the  Indian  language  :  and  hee  is  to  bee  considered 
over  and  aboue,  for  his  extraordinary  seruice  out  of  the  said 
Townes.  This  order  to  continue  till  the  Courte  sees  cause  to 
the  contrary. 

There  is  a  rate  of  125/.  graunted  by  y^  Courte,  to  bee  deuided 
as  followeth  : 


Hartford,         35/. 

10. 

0 

Long  Hand,          05. 

00. 

0 

Wyndsor,         24. 

10. 

0 

Fairefeild  &  Stratford,20. 

00. 

0 

Wethersfeild,  24. 

00. 

0 

Seabrook,         08. 

00. 

0 

25. 

00. 

0 

Farmington,     08. 

00. 

0 

100. 

00. 

0 

100.  00.  0  Totall,         125.  00.  0 

To  bee  p<i  in  3  month. 


176  PUBLIC      RECORDS 

The  Court  adiourned  to  'y^  2'^  Lecture  in  Hartford,  in  y® 
month  of  March. 


[187]     The  perticular  Courte  in  Hartford  this  first  of 
March,  1648. 
Edward  Hopkins  Esq"",  Goui'nor. 
John  Haynes  Esq"". 
Magistrates  :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick. 
Juri/ :     Mr.   Westwood,  Mr.  Ollcott,  Tho:  Osmore,  Tho: 
Bull,    Tho:    Coleman,    John   Nott,  Sam:  Smith,    Sam: 
Bourman,  Steph:  Terry,  Arthur  Williams,  Antho:  Hawk- 
ins, John  Hawkes. 
John  Webb  pi*  contra  Ralph  Keeler  defend*,  in  an  action  of 
slaunder,  damages,  10/. 

John  Webb  pi*  contra  Ralph  Keeler  defend*  in  an  action  of 
the  Case,  damages,  10/. 

John  Bennett  pi*  contra  William  Edwards  defend*,  in  an  ac- 
tion of  the  Case,  damages,  15/. 

In  the  action  of  slaunder  betwene  John  Webb  pi*  and  Ralph 
Keeler  defend*,  the  Jury  finds  for  the  defend*. 

In  the  action  of  the  case  betwene  John  Webb  pi*  and  Ralph 
Keeler  defend*  the  Jury  finds  for  the  pi*,  4s.  damage,  and  costs 
of  the  Courte. 

In  the  action  of  the  case  betweene  John  Bennett  pi*  and  Will- 
iam Edwards  defend*,  the  Jury  finds  for  the  pi*,  dainages  55*. 
and  costs  of  the  Courte. 

Nicho:  Olmsted  pi*  contra  Jeames  Northam  defend*,  in  an 
action  of  the  Case,  damages  255.  In  the  action  of  Nicholas 
Olmsted  pi*  ag*  Jeames  Northam  defend*,  the  Courte  adiudg- 
eth  the  pi*  to  pay  to  the  defend*,  costs  26'.  v'ld.  because  hee 
wanted  witnesses  to  proceed  in  his  action  ag*  the  defend*. 

Ralph  Keeler  freed  John  Webb  in  Courte  from  his  Recog- 
niscance  to  keepe  the  peace. 

The  Courte  frees  John  Bennett  and  William  Edwards  his  se- 
curity, from  theire  Recogniscance  for  the  said  Bennetts  good 
behauior. 


OF     CONNECTICUT.  177 

Beniamin  Hilliar  is  fined  10/. 

Walter  Leawis  is  fined  405. 

Rob*  Rose  is  fined  for  his  misdeameano"",  20s. 

John  Bishop  is  fined  for  his  boasting  of  his  lying  and  other 
misdemeanors,  40s. 

Thomas  Osmore,  for  not  coming  seasonably  to  serue  on  the 
Jury,  is  fined  5s. 

Enoch  Buck  is  fined  10s.  for  irregular  speeches  in  Courte, 
agt  Robt  Rose,  when  hee  spake  vppon  his  oath. 

Rich:  Skinner  pi*  contra  Peter  Bussaker  defends  in  an  ac- 
tion of  debt  24s.  5d.;  the  Courte  finds  the  debt  for  the  pi*. 
[188]  Mathias  Trott,  for  making  composition  about  a  seruant 
of  Mr.  Chesthers  and  concealing  it  when  it  was  done,  is  adiudg- 
ed  by  the  Courte  to  pay  to  Mrs.  Chesther,  from  the  time  that  hee 
did  compound  for  him,  w^h  they  conceiue  was  about  the  first  of 
March,  to  the  time  that  Mr.  Chesther  sent  againe  for  him,  be- 
ing about  the  latter  end  September,  in  all  about  7  months  time^ 
3s.  pj"  weeke. 

Wallter  Leawis  acknowledgeth  himselfe  bound  to  this  Comon 
wealth  in  a  Recogniscance  of  20/.  and  Mr.  Trott  in  a  Recog- 
niscance  of  10/.  that  the  said  Walter  Leawis  shall  carry  good 
behauior  and  appeare  at  the  particular  Court  in  June  next. 

Samuell  Comstock  acknowledgeth  himselfe  bound  to  this 
Cofnon  wealth  in  a  Recogniscance  of  10/.  and  Bray  Rosseter 
in  a  Recogniscance  of  20/.  that  the  said  Samuell  Comstock 
shall  carry  good  behauior  for  the  space  of  ten  dayes,  and  then 
the  said  Bray  Rossiter  shall  either  bring  him  the  said  Samuell 
Comstock  to  prison  and  leaue  him  in  chardge  with  the  keeper 
thereof,  or  bring  him  to  Mr.  Woollcott  with  such  security  as 
hee  shall  accept  for  his  good  behauior  for  longer  time,  and  for 
his  satisfying  what  damage  Mr.  Robins  shall  susteine  for  the 
want  of  his  seruant. 

'  Beniamin  Hilliar  acknowledgeth  himselfe  bound  to  this  Comon 
wealth  in  a  Recogniscance  of  20/.  and  Thomas  Wright  in  a 
Recogniscance  of  10/.  that  Beniamin  Hilliar  shall  pay  his  fyne 
of  10/.  when  it  is  required,  and  carry  good  behauio^  for  the 
space  of  one  whole  yeare. 

John  Bishop  acknowledgeth  himselfe  bound  to  this  Coinon 
wealth  in  a  Recogniscance  of  30/.  and  John  Halls  Junior  in  a 


178  PUBLIC      RECORDS 

Recogniscance  of  lOl.,  that  if  notice  bee  giuen  to  John  Halls 
betwene  this  and  the  first  Thursday  of  June  next,  the  said  John 
Bishop  shall  appeare  then  to  answere  the  complaint  of  the 
Indians  against  him. 

William  Comstock  acknowledgeth  himselfe  bound  to  this 
Comon  wealth  in  a  Recogniscance  of  10/.  and  Mr.  Trott  and 
Samuell  Smith  Junior  in  a  Recogniscance  of  5/.  a  peece  that 
the  said  William  Comstock  shall  appeare  at  the  perticular 
Courte,  vppon  the  first  Thursday  in  June  next,  and  carry  good 
behavic  in  the  meane  time. 

Georg  Phillips  of  Wyndsor,  by  reason  of  seuerall  weaknesses 
that  for  the  present  attend  him,  is  freed  from  watching  till  the 
Courte  sees  cause  to  the  contrary. 


[189]     A  Session   of  the  Generall  Courte  in  Hartford, 
THIS  Mtt  March,  1648. 
Edward  Hopkins  Esq',  Gournc^. 
John  Haynes  Esq"", 
Magistrates :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  CuUick. 
Deputyes :     Mr.  Phelps,  Mr.  Clark,  Mr.  Trott,  Mr.  Allyn, 
Mr.    Steele,    Mr.   Tailecoat,    Mr.   Westwood,    Jeames 
Boosy,  Sam:   Smith,    Nath:    Dickerson,  Andr:   Bacon, 
John  Bissell. 
The  Court  desires  Mr.  Wells  and  Mr.  CuUick  to  draw  vp  in 
writing  the  whole  agreement  with  Mr.  Fenwick,  an'd  Mr.  Hop- 
kins, about  Seabrooke,  and  that  the  counterpart  thereof  vnder 
Mr.  Hopkins  his  hand,  may  bee  kept  and  recorded  by  the  Sec- 
retary of  the  Courte.*     Also,  it  is  orderded  that  the  Consta- 
bles in  each  Towne  shall  each  of  them  take  a  receipt  vnder 
Mr  Hopkinses  hand  for  so  much  as  is  allready  paid  him,  and  so 
euery  yeare  for  such  sums  as  they  shall  hereafter  pay  him,  in 
reference  to  the  aforesaid  agreement :  and  shall  make  returne 
thereof  euery  yeare  to  the  Secretary  of  the  Courte,  who  is  to 
keepe  and  record  the  same,  for  theire  security. 

*  See  p.  119,  [135.]    The  agreement  waa  not  recorded  until  1654.    [Vol.  ii.  pp.  59-63.] 


OF     CONNECTICUT.  179 

Mr.  John  Wenthrop  of  Pequet  was  voted  to  bee  in  nomina- 
tion for  election  to  the  place  of  a  magistrate. 

Whereas  by  the  6'^  Article  in  the  Combination  of  the  Vni- 
ted  Colonyes,  in  cases  proper  to  the  Comissioners,  if  six  agree 
not,  the  propositions  with  the  reasons  is  to  bee  referred  to  the 
foure  Generall  Courts,  and  by  theire  joint  agreement  to  bee  de- 
termined, It  was  now  recommended  by  the  Commissioners  to 
the  seuerall  Generall  Courts,  that  if  any  three  of  the  said  Gen- 
erall Courts  agree  and  conclude  any  such  proposition,  it  might 
pass  and  bee  accounted  as  the  conclusion  of  the  vnited  Colo- 
nyes, as  it  should  haue  passed  as  an  Act  of  the  Comissioners  if 
six  of  them  had  consented  ;  w^h  being  duely  considered,  it  was 
consented  to  and  ratified  by  the  Courte,  prouided  the  Generall 
Courts  of  the  other  Colonyes  doe  the  like. 

It  was  further,  vppon  the  recomendation  of  the  Comission- 
ers, ordered  by  this  Courte,  that  no  peage,  white  or  black,  bee 
paid  or  receiued,  but  what  is  strung,  and  in  some  measure  strung 
gUtably,  and  not  small  and  great,  vncomely  and  disorderly  mixt, 
as  formerly  it  hath  beene.*. 

Whereas  allso,  It  was  recomended  by  the  Comissioners,  that 
for  the  more  free  and  speedy  passage  of  justice  in  each  Jurissdic- 
tion  to  all  the  confederates,  if  the  last  will  and  testament  of  any 
person  bee  duely  prooued  in,  and  duely  certefied  from  any  one 
of  the  Colonyes,  it  bee  without  delay  accepted  and  allowed  in 
the  rest  of  the  Colonyes,  vnless  some  just  exception  bee  made 
against  such  will  or  the  proouing  of  it,  w^h  exception  to  bee 
forthwith  duely  certefied  back  to  the  Colony  where  the  said  will 
was  prooued,  that  some  just  course  may  bee  taken  to  gather  in 
and  dispose  the  estate  without  delay  or  damage.  And  allso, 
that  if  any  knowne  planters  orsetled  inhabitants  dye  intestate, 
administration  bee  graunted   by  that  colony  vnto  w^h  the  de- 

"  Vppon  the  motion  of  Mr.  Dunster,  President  of  the  Colledge  at  Cambridge,  consideracon 
was  had  about  paym'ts  made  and  received  in  peage,  whether  white  or  black.  The  Comission- 
ers were  itjformed  tliat  the  Indyans  abuse  tiie  Engli^h  with  mucli  badd,  false  and  untini>hed 
peage  and  thai  the  Enghsh  Traders,  after  it  conies  to  their  hands,  choo.'-e  out  whatt  fitts  their 
nrrl<elts  and  occasions,  and  leaue  the  refuse  to  pass  to  and  fro  in  their  Colonies  :  w,h  tlie  In- 
dyans. whoe  best  understand  the  quality  and  defects  of  peague  will  not  willingly  lake  back. 
Whereupon,  ((hough  they  see  not  at  present  how  lo  propound  a  full  reforinacon  in  all  p'rticu- 
lars  w'thout  much  ditlieulty  and  inconvenience,  yet)  they  commend  it  lo  the  severall  Generall 
Courts  and  to  the  Flantacons  within  the  Vnited  folonie.=.  that  noe  peague,  white  or  black,  be 
1  ayd  or  received,  but  what  is  strung,"  &c.     (Kecords  of  U.  Colonies,  Sept.  1648.; 


180  PUBLIC     RECORDS 

ceased  belong,  though  dying  in  another  colony :  and  the  ad- 
ministration being  duely  certefied,  to  bee  of  force  for  gathering 
in  of  the  estate  in  the  rest  of  the  colonyes,  as  in  the  case  of 
wills  prooued  where  no  just  exception  is  returned.  But  if  any 
person  possessed  of  an  estate,  who  is  neither  planter  nor  setled 
inhabitant  in  any  of  the  Colonyes,  dye  intestate,  the  adminis- 
tration (if  just  cause  bee  found  to  giue  administration)  bee 
graunted  by  that  Colony  where  the  person  shall  dye  and  depi't 
this  life,  and  that  care  bee  taken  by  that  Gouernm*  to  gather  in 
and  secure  the  estate  vntill  it  bee  demaunded,  and  may  bee  de- 
liuered  according  to  rules  of  justice  : — w^^  vppon  due  consider- 
ation was  confirmed  by  this  Courte,  in  the  behalfe  of  this  Col- 
ony, and  ordered  to  bee  attended  in  all  such  occasions  for  the 
future ;  prouided  the  Generall  Courts  of  the  other  Colonyes 
yeild  the  like  assent  therevnto. 
(Court  dissolued.) 


[190]  A  Perticular  CouRTE,  IN  Hartford,  24th  Aprill,  1649. 

Edw:  Hopkins  Esq',  Gou^'no'". 

John  Haynes  Esq'. 

Magistrates  :     Mr.  Wells,  Mr.    Webster,  Mr.  Woollcott, 

Mr.  Cullick. 
Jur]/  :     Thomas  Forde,  Joseph  Mygatt,   George  Steele, 
John  Marsh,  Sam:  Martyn,  John  Lattimore,  Sam:  Hale, 
Tho:  Parkes,  Rob*  Winchill,  Rich:  Birge,  John  Loomis, 
Thomas  Orton. 
William  Hurlebutt  pi*  contra  Jeames  Wakely  deft,  in  an  ac- 
tion of  the  Case,  dammages  395. 

Sammuell  Steele  pl^  contra  John  Steele  defend*,  in  an  action 
of  debt,  28s.,  dammages  65. 

Jeames  Northam  pi'  contra  George  Chappell  defend',  in  an 
action  of  the  Case. 

John  Steele  pi'  agt  Nathaniell  Kellock  defend',  in  an  action 
of  debt  and  dammages,  39s. 

John  Willcock  pi'  contra  Jeames  Wakely  defend',  in  an  ac- 
tion of  the  Case,  dammages,  6s. 

John  Willcock  senior  pi'  contra  Jeames  Wakely  defend',  in 
an  action  of  the  Case,  dammages  25s. 


OF     CONNECTICUT.  181 

Mathew  Marven  pi*  contra  Mathew  Beckwith  defends  in  an 
action  of  defamation,  damages  50Z. 

Richard  Fellowes  pi'  contra  William  Hill  defend  in  an  action 
of  debt  and  damages,  395. 

William  Bartlitt  and  Edward  Higbye  being  called  in  this 
Courte  to  appeare  vppon  theire  Recogniscances,  and  not  ans- 
ering  therevnto,  haue  both  of  them  forfeited  the  same. 

In  the  action  of  the  Case  betweene  William  Hurlebutt  pi*  and 
Jeames  Wakely  defend^,  the  pl^  falling  shorte  of  his  wittnes,  is 
to  loos  his  sute. 

In  the  action  of  debt  betweene  Samuel  Steele  pU  and  John 
Steele  defend*,  the  Courte  findes  for  the  plS  345. 

In  the  action  of  the  Case  betweene  Jeames  Northam  pi*  and 
George  Chappell  defend*,  the  defend*  not  appearing  to  answer 
the  pi*,  the  Courte  orders  an  attachm*  to  issue  forth  vppon  his 
two  calues  in  the  hands  of  the  plaintiff,  for  his  security  vntill  the 
defend*  shall  answer  his  sute. 

In  the  action  betweene  John  Steele  pi*  and  Nathaniell  Kellock 
defend*,  the  Courte  adiudgeth  those  of  Farmington  that  haue  not 
yet  paide  the  pi*  theire  proportion  for  the  drum  hee  sould  them, 
to  pay  double  theire  proportion,  if  they  doe  not  satisfie  the  pi*  for 
the  same  according  to  covenant,  before  the  next  Courte. 
[191]  In  the  action  of  the  Case  betweene  John  Willcock  pi* 
and  Jeames  Wakely  defend*,  the  Courte  adiudgeth  the  defend^ 
to  pay  vnto  the  pi*,  45.  4d. 

In  the  action  betweene  John  Willcock,  senior,  pi*  and  Jeames 
Wakel}  defend*,  the  defend*  hauing  satisfied  the  debt  allready, 
the  Courte  adiudgeth  him  to  pay  the  pi*,   I6d.  costs. 

In  the  action  of  defamation  betweene  Mathew  Marven  pi* 
and  Mathew  Beckwith  defend*,  the  defend*  making  hispublick 
penitent  confession  of  his  euill  in  slaundering  the  said  pi*,  was 
remitted  by  the  Courte  and  pi*. 

In  the  action  betweene  Richard  Fellows  pi*  and  William  Hill 
defend*,  the  defend*  not  appearing,  the  Courte  adiudgeth  him 
to  pay  the  pi*  the  debt  and  costs  I6d. 

Mr.  Newton  prooued  in  Courte  that  Peter  Bussaker  owes  him 
the  just  and  full  sum  of  -  -  -         21.  55.  0. 

Joseph  Mygatt,         Ditto,    -  -  0.     9.  0. 

Thomas  Forde,         Ditto,         -  -         3.     0.  2. 

17 


182  PUBLIC      RECORDS 

Rich:  Billing,  Ditto,    -  -  0.  17.  0, 

John  Cullick,  Ditto,  -  -         0.  10.  6, 

Mr.  Wells,  .  .  .  o.  13.  0. 

John  Nott,  for  resisting  Nathaniell  Dickerson  when  hee  came 
with  a  warrant  to  distreine,  was  fined  -  -  505. 

John  Kerby,  for  the  like,  is  fined  -  -  .       205. 

Rob*  Slye,  for  exchanging  agunn  with  an  Indian,' is  fined  lOZ. 
Georg:  Hubberd,  for  ye  same,  is  fined,         -  -       lOZ. 

John  West,  for  the  same,  is  fined  -  -  lOl. 

Peter  Blatchford,  for  y^  same,  is  fined         -  -       10/. 

Nicholas  Clarke  ingages  himselfe  to  deliuer  vp  his  man  Vin- 
cent vnto  the  Courte,  when  his  time  is  out  with  him,  w^^^  he 
saith  will  be  about  Miheltide  next. 

The  Courte  and  Mr.  Robins  frees  Samuell  Comstock  and 
Bray  Rosseter  from  both  and  either  of  theire  Recogniscances 
in  Courte  vppon  the  first  of  March,  1648. 

Peter  Blatchford  made  oath  in  Courte,  that  at  the  latf  end  of 
the  last  yeare,  hee  deliuered  aboard  of  Chichesters  vessell  to 
Mr.  Blackleach,  by  y^  order  of  Jaruis  Mudge,  for  the  acco*  of 
Rich:  Belden,  six  bush:  of  wheat  and  three  of  pease. 

Thomas  Bunce  acknowledgeth  himselfe  bound  to  this  Com- 
mon wealth,  in  a  Recogniscance  of  5/.  provided  hee  appeare  at 
the  perticular  Courte  vppon  the  first  Thursday  of  June  next, 
and  carry  good  behauiorin  the  meane  time. 


[195]     A  Perticular  Courte  in  Hartford,  the  16*^^  day  of 

MAY,  1649. 
Edward  Hopkins  Esq"^. 
John  Haynes  Esq"^. 
Magistrates :  Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott,  Mr. 

Cullick. 
Jury  :    Grego:  Willterton,  Nath:  Ely,  John  Bissell,  Thomas 
Standly,  Thomas  Standish,  Sam:    Smith  Junior,   John 
Rose,  John  Rily,  John  Drake,  Humphry  Pinny,  Thomas 
Gunn,  Peter  Tillton. 
John  Bissell  pi*  contra  Jeames  Egleston  defend*,  in  an  action 
of  the  case,  dammages  395. 


OFCONNECTICUT.  183 

Mr.  Ollcott  pi*  contra  Thomas  Edwards  defend*,  in  an  action 
of  debt  and  dammages,  39s.  6c?. 

Richard  Fellows  pi*  contra  Stephen  Beckwith  defend',  in  an 
action  of  debt  and  dammages,  305. 

William  Frauncklyn  pi*  contra  Thomas  Barber  defends  in 
an  action  of  debt  and  dammages,  6/. 

William  Frauncklyn  pi*  contra  Beniamin  Nuberry  defends 
in  an  action  of  debt  and  dammages;  45/.  The  pi'  is  non-suited 
and  to  allow  13s.  4d.  costs. 

Beniamin  Nuberry  pi*  contra  William  Frauncklyn  defend^ 
in  an  action  of  slaunder,  to  the  dammage  of  10/. 

Nehemiah  Olmsted  pi*  contra  Richard  Lyon  defends  in  an 
action  of  the  case,  to  the  dammage  of  12/. 

Mr.  Ollcott  pi*  contra  Sammuell  Gardiner  defends  in  an  ac- 
tion of  debt  and  dammages,  12/. 

Bray  Rosseter  pi'  contra  Mr.  Henry  Woollcott  senior,  de- 
fend*, in  the  behalfe  of  the  creditors  of  Thomas  Marshfeild,  in 
an  action  of  trespass,  to  the  dammage  of  12/. 

William  Leawis  pi*  contra  Thomas  Dement  defends  in  an 
action  of  slaunder,  to  the  dammage  of  50/. 

William  Leawis  pi*  contra  Thomas  Dement  defends  in  an 
action  of  the  case,  to  the  dammage  of  3/. 

Thomas  Dement  pi*  contra  William  Leawis  defends  in  an 
action  of  slaunder,  to  the  dammag  of  51/. 

Thomas  Dement  pi*  contra  William  Leawis  defend*,  in  an 
action  of  the  case,  dammages  10s. 

Gregory  Willterton,  Nathaniell  Ely,  Arthur  Smith,  are  each 
of  them  fined  5s.  a  peece  for  not  appearing  seasonably  to  serue 
vppon  the  Jury. 

[196]  In  the  action  betweene  John  Bissell  pi*  contra  Jeames 
Egleston  defend*,  the  Courte  findes  for  the  defend*. 

In  the  action  betweene  Mr.  Ollcott  pi*  and  Thomas  Edwards 
defends  the  Courte  adiudgeth  the  defend*  to  pay  to  the  pi*  40s. 

In  the  action  of  Richard  Fellows  pi*  ag*  Stephen  Beckwith 
defend*,  the  defend*  not  appearing  in  Courte  to  answer  his  sum- 
mons, The  Courte  hath  ordered  an  attachm*  to  issue  forth  vppon 
his  person  to  answer  the  pi*,  the  next  Courte. 

In  the  action  of  William  Frauncklyn  pi*  ag*  Thomas  Barber 
defend*,  the  Jury  findes  for  the  pi*,  4/.  2s,  6c?.  to  bee  pd.  in 


184  PUBLIC     RECORDS 

wheat  at  45.  p"^  bush:,  and  costs  of  the  Courte,  w^h  the  Courte 
adiudgeth  205. 

In  the  action  betweene  Beniamin  Nuberry  pi*  and  Wil- 
liam Frauncklyn  defend^,  the  Jury  findes  for  the  pi*,  dammages 
2d.  and  costs  of  the  Courte,  w^^  the  Courte  adiudgeth  to  bee 
10s. 

In  the  action  between  Nehemiah  Olmsted  pi*  and  Richard 
Lyon  defend*,  the  Jury  finds  for  the  plS  dammages  111.  and 
costs  of  the  Courte. 

In  the  action  betweene  Mr.  OUcott  pi*  and  Samuell  Gardiner 
defend*,  the  Jury  findes  for  the  pi*,  his  debt  of  7/.  lis.  8d.  dam- 
ages 30s.  and  costs  of  the  Courte. 

In  the  action  betweene  Bray  Rosseter  pi*  and  Mr.  Henry 
Woollcott  defend*,  the  Jury  findes  for  the  pi*,  damages  3/.  125. 
and  costs  of  the  Courte. 

Thomas  Barber  testified  this  day  in  Courte,  vppon  oath,  that 
hee  being  in  William  Frauncklyns  howse  last  Septembi",  and  the 
said  Frauncklyn  speaking  to  him  of  Mr.  Nuberry's  debt,  hee 
tould  the  deponent  that  hee  had  left  that  debt  with  Thomas 
Forde,  to  doe  in  it  with  Nuberry  as  hee  saw  cause. 

Robert  Hay  ward  allso  testified  this  day  in  Courte  vppon  oath, 
that  hee  being  occassionally  in  William  Frauncklyns  howse,  the 
said  Frauncklyn  tould  him  that  hee  had  left  the  debt  w^h  Ben- 
iamin Nuberry  owed  him,  with  Thomas  Forde. 

Mr.  Wells  made  it  appeare  in  Courte  that  Peter  Bussaker  is 
indebted  to  him  135. 

[197]  William  Bartlitt  not  appearing  in  Courte,  being  called, 
hath  forfeited  his  Recogniscance  of  20/.  and  Edward  Higbye^ 
his  security,  for  not  bringing  him  in,  hath  forfeited  his  Recog- 
niscance of  10/. 

Gouert  Locman  not  appearing  in  Courte,  bein^  called,  hath 
forfeited  his  Recogniscance  of  200/.  Sterling  ;  And  Cornelius 
Vantino  and  Gisberd  Vandict,  his  security,  for  not  bringing  in 
the  said  Gouert  Lockman,  haue  forfeited  theire  Recogniscance 
of  200/. 

William  Clarke,  being  called  in  this  Courte  to  appeare  vppon 
his  Recogniscance  of  10/.  and  not  answering  therevnto,  hath 
forfeited  the  same. 


of    connecticut.  185 

[192]  At  a  meeting  of  the  Freemen  of  the  Jurissdiction 
OF  Connecticutt,  for  the  choyce  of  Magistrates,  the 
17th  OF  May,   1649. 

Magistrates : 
John  Haynes  Esq^,  is  chosen  Gou'■no^ 
Edward  Hopkins  Esq^,  Deputy  Gounio''. 
Rogr  Ludlow  Esqr,  Magist7-ate.  Mr.  Webster,  Magisf. 
Mr.  Wells,  Magisf  and  Treas-  Mr.  CuUick,  Magisf  and  Sec. 

urer.  Mr.  Howell,  Magisf. 

Mr.  Woollcott,  Magisf.  Mr.  Cossmore,  Magisf. 

Capt.  Mason,  Magisf. 

Deputyes :     Mr.  Taylecoate,  Mr.  Steele,  Mr.  Phelps,  Mr. 

Aliyn,  Mr.  Gayler,  Mr.  Clarke,  Mr.  Trott,  Edward  Steb- 

bing,  Andrew  Bacon,  Jeames  Boosy,  Nath:  Dickerson, 

Sam:  Smith  senior,  Danyell  Tuterton,  John  Hurd,  Mr. 

George  Hull,  Mr.  Andrew  Ward,  Steph:Harte,  Thomas 

Judd,  John  Clarke,  Mathew  Grisswold. 

Cary  Lathum  being  to  appeare  this  day  at  this  Courte  vppon 

his  Recogniscance,  and  the  Courte  being  certefied  from  Mr. 

Wenthrope  of  the  said  Lathums  p^sent  inabillity  to  trauell,  they 

doe  respitt  the  forfeit  of  his  said  Recogniscance,  provided  hee 

appeare  at  the  Courte  heere  vppon  the  first  Wednesday  of  July 

next. 

Isaac  Wylly  and  Cary  Lathum  are  to  bee  warned  to  the 
Courte  the  first  Thursday  in  June,  for  resisting  the  Constable  : 
and  allso  Robert  Beadle  and  the  aforesaid  Cary,  for  letting  an 
Indian  goe  that  was  committed  to  theire  charge. 

Vppon  the  desire  of  the  inhabitants  of  Pequet,  for  theire  in- 
couragement  it  is  Graunted  by  this  Courte,  that  they  shall  bee 
freed  from  all  publick  Country  charges,  (except  such  as  are  oc- 
cassioned  by  themselues,)  for  the  space  of  three  yeares  next 
ensuing  : 

It  is  allso  Graunted,  that  the  bounds  of  the  plantation  of  Pe- 
quett  shall  be  foure  myles  on  each  side  the  Riuer,  and  six  myles 
from  the  sea  northward  into  the  Country,  till  the  Courte  shall 
see  cause  and  haue  incouragement  to  add  therevnto,  provided 
they  interteine  none  amongst  them  as  inhabitants  that  shall  bee 
obnoxious  to  this  Jurissdiction,  and  that  the  aforesaid  bounds  bee 
not  distributed  to  less  than  forty  familyes  ; 

17* 


186  PUBLIC      RECORDS 

And  for  the  setling  of  some  way  for  the  deciding  of  small  dif- 
ferences amongst  them,  vnder  the  value  of  forty  shillings,  It  is 
ordered  by  this  Courte,  that  Capt.  Mason  shall  haue  power  to 
ciue  the  oath  of  magistracy  to  John  Wenthrope  Esq',  for  the 
[193]  yeare  ensueing,  ||  and  vntill  a  new  bee  chosen,  whoe  shall 
haue  power  (taking  vnto  himselfe  Thomas  Mynott*  and  Samuell 
Lathrop,  as  Assistants,)  to  heare  and  determine  the  same  ;  pro- 
uided  if  any  bee  greiued,  they  shall  haue  libberty  to  appeale  to 
the  Courte  at  Connecticutt,  if  they  haue  just  cause  so  to  doe  : 

And  the  Courte  will  indeauor  to  take  order  with  Vncus,  that 
no  trapps  shall  bee  sett  by  him  or  any  of  his  men,  within  the 
bounds  of  theire  Towne  :  But  to  prohibitt  and  restraine  Vncus 
and  his  men  from  hunting  and  fishing  within  theire  limmitts, 
they  doe  not  yett  see  cause  to  doe  ;  For  no  Indians  are  depri- 
ued  of  that  libberty  in  any  of  o'  Townes,  provided  they  doe  it 
not  vppon  the  Sabath  day  : 

This  Courte  allso  taking  into  consideration  theire  proposition 
for  the  restraining  of  others  from  trading  Corne  with  the  Indians 
within  theire  Riuer,  They  doe  declare  that  they  cannott  re- 
straine any  therfrom  whoe  Hue  in  and  are  members  of  any  of  the 
Vnited  Colonyes ;  and  for  others,  It  is  vnder  the  p-'sent  consid- 
eration of  the  Commissioners : 

The  Courte  commends  the  name  of  Faire  Harbour  to  them, 
for  to  bee  the  name  of  theire  Towne. 

Whereas,  It  is  now  come  to  the  certeine  intelligence  of  this 
Courte,  that  one  Hallitt,  with  one  that  was  Mr.  Pheax  his  wife, 
are  now  come  into,  and  Hues  in  the  Plantation  of  Pequett,  and 
(as  is  conceiued)  hath  committed  in  other  places,  and  so  lines 
at  this  present,  in  that  fovvle  sin  of  adultery,  w^h  is  odious  to 
God  and  man,  and  therfore  this  Courte  cannott  but  take  notice 
of  it ;  It  is  therfore  ordered,  that  there  bee  a  warrant  directed 
to  the  Constable  of  the  same  Towne,  to  ap'hend  the  said  par- 
tyes,  and  to  bring  them  vpp  to  the  next  perticular  Courte  in 
Hartford,  w«=h  will  bee  vppon  the  first  Thursday  of  the  next 
month  ;  and  the  GouernC  is  desired  to  write  to  Mr.  Wenthrope 

and  acquaint  him  with  it. 

As  allso  that  a  like  warrant  shall  bee  directed  to  the  Constable 

•  An  error  of  the  original  record.    The  name  should  be  Mynor  or  Miner, 


OF     CONNECTICUT.  187 

there  for  the  aprehending  and  bringing  vpp  to  the  next  perticu- 
lar  Courte,  Mary  Barnes  of  iheire  Towne. 

Thomas  Mynott  is  appointed  by  this  Courte  to  bee  a  miUtary 
Sergeant  in  the  Towne  of  Pequett,  and  doe  inuest  him  with 
power  to  call  forth  and  traine  the  souldgers  of  that  Towne,  ac- 
cording to  order  of  Courte. 

[194]  Tnis  Courte,  taking  into  consideration  the  proposition 
of  the  Towne  of  Fairefeild,  about  a  percell  of  land  bought  by 
them  of  the  Indians,  that  it  mighte  bee  settled  vppon  them  for 
theire  inlargement,  doe  desire  and  appointe  Danyell  Titterton 
and  John  Hurd  of  Stratford  to  suruey  and  veiw  the  said  percell 
of  land,  and  consider  therevpon  how  convenient  it  is  for  them 
and  inconvenient  for  this  Comon  wealth,  to  haue  the  said  prem- 
isses setled  vppon  the  said  Towne  of  Fairefeild,  and  make  re- 
turne  thereof  to  the  next  Session  of  this  Generall  Courte,  that 
they  may  the  better  know  what  is  to  bee  done  therein. 

The  Deputy  Gouernor  and  Mr.  Wells  are  desired  to  execute 
the  place  of  Commissioners  for  this  Jurissdiction  with  the  Vnited 
Colonyes,  at  theire  meeting  in  July  next,  and  for  the  yeare 
ensuing. 

William  Leawis  and  Isaack  More  are  presented  for  Sergeants, 
by  the  Deputyes  of  Farmington,  as  chosen  by  the  souldgers  : 
and  are  approued  by  the  Courte  :  and  are  to  call  forth  and 
traine  the  souldgers  at  the  dayes  appoynted. 

It  is  ordered,  that  there  shall  bee  a  dwelling  howse  erected  at 
Seabrooke,  about  the  middle  of  the  new  Forte  Hill,  at  the 
charge  and  for  the  seruice  of  this  Common  wealth.  And  Capt. 
Mason,  Mr.  Taylecoate  and  Jeames  Boosy  are  desired  to  take 
care  about  it,  and  to  see  the  thinge  effected,  according  to  theire 
best  discretion. 

The  Courte  declares  that  the  twenty  pound  that  is  now  re- 
quired of  the  Townes  of  Fairefeild  and  Strattford,  is  in  full  of 
all  accounts  for  theire  proporcon  of  country  charges  to  this 
time. 

Concerning  Mr.  Blackmans  meintenance,  Mr.  Ludlowe  is 
desired  (both  for  what  is  behinde,  as  allso  for  the  future,)  to  take 
care  that  it  bee  leuied,  according  to  the  seuerall  seasons,  as  is 
provided  by  the  order  of  the  Country. 

It  was  reported  by  the  Comittee  appointed  for  the  laying  out 


188  PUBLIC     RECORDS 

of  the  lands  vppon  the  Riuer,  according  to  agreement  with  Mr, 
Fenwicke,  that  those  of  Seabrooke  shall  runn,  in  theire  deuision 
of  land  on  the  east  side  the  Riuer,  from  the  Riuer  eastward, 
fiue  myles  ;  and  northward  vpp  the  Riuer,  on  the  east  side,  six 
myles  :  And  on  the  west  side  the  Riuer,  northward  eight  myles. 
The  Court  is  adiorned  to  the  first  Wednesday  in  June  next. 


A  Session  of  the  Generall  Courte  in  Hartford,  the  6*^  of 

June,  1649. 
John  Haynes  Esq"",  Gou''nor. 
Edward  Hopkins  Esq^,  Deputy. 
Magistrates  :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick. 
Dejmtyes:     Mr.  Phelps,  Mr.   Gaylerd,  Mr.    Steele,   Mr. 
Trott,  Mr.  Clarke,  Mr.  Taylecoate,  Mr.  Allyn,  Edward 
Stebbing,  Jeames  Boosy,   SaiTi:  Smith,  Andrew  Bacon, 
Nath:Dickerson,  Steph:  Harte,  Thomas  Judd. 
This  Courte  being  informed  (by  the  Committee  appointed  to 
take  care  about  the  erecting  of  a  dwelling  howse  at  Seabrooke, 
aboute  the  middle  of  the  new  Forte  Hill,  at  the  charge  and  for 
the  seruice  of  this  Common  wealth,)  that  there  is  a  want  of  the 
hands  and  abillityes  of  men  of  seuerall  trades,  and  labourers,  for 
the  carrying  on  and  effecting  of  the  premisses  in  any  reasona- 
ble time,  doe  order  that  it  shall  bee  lawfull  for  any  Magistrate 
within  and  of  this  Jurisdiction,  to  send  out  warrants  for  the 
pressing  and  compelling  of  such  men  to  worke  vppon  the  prem- 
isses, as  they  shall  bee  informed  to  bee  fittest  and  most  able  to 
carry  on  the  worke  till  the  same  bee  effected  and  compleated, 
for  such  wages  as  the  said  Magistrate  that  giues  his  warrants 
shall  judge  meete,  any  order  formerly  provided  for  the  regula- 
ting of  mens  wages  to  the  contrary  notwithstanding. 

For  the  better  preseruing  corne  and  meadow  on  the  east  side 
of  the  great  Riuer ;  It  is  ordered  by  this  Courte,  that  there 
shall  no  hoggs  or  swyne  of  any  sorte  bee  put  ouer  thither,  or 
kept  there,  at  any  time  after  the  publishing  of  this  order,  except 
they  bee  kept  out  of  the  bounds  of  the  seuerall  Townes,  or  in 
theire  yards,  vnder  the  penalty  of  two  shillings  a  head  for  euery 


OF     CONNECTICUT.  189 

hogg  or  swyne,  for  euery  time  they  shall  bee  found  there  con- 
trary to  this  Order. 

The  Courte  appoints  Thomas  Hollibutt  of  Wethersfeild. 
Clarke  of  the  Trained  Band  of  that  Towne. 
[198]  Vppon  reading  the  Acts  of  the  Commissioners  for  the 
vnited  Colonyes  at  the  meeting  held  at  Plymouth  the  last  seu- 
enth  month,  It  was  obserued  that  in  the  agitacon  of  the  differ- 
ence betwixt  the  Massachusetts  Colony  and  this,  in  reference 
to  the  imposition  required  from  Springfeild,  vppon  some  goods 
passing  out  at  the  mouth  of  this  Riuer,  towards  the  charge  ex- 
pended at  Seabrooke,  tending  to  the  good  of  all  the  plantacons 
vppon  the  Riuer,  It  was  questioned  by  the  Commissioners  of 
the  Massachusetts  whether  there  were  any  order  of  this  Courte 
extant,  for  the  payment  of  any  imposition  by  goods  ap^taininge 
to  the  inhabitants  of  Springfeild,  brought  from  thence  and  so 
passing  downe  this  Riuer.  The  Courte  doth  declare  that  by 
express  order,  of  the  5*^  Feb"",  1645,  all  corne  laden  aboard  any 
vessell  vppon  this  Riuer  and  passing  out  to  sea  at  the  Riuers 
mouth,  was  to  pay  two  pence  p^"  bush  :  in  the  forementioned 
respects  ;  and  Beauer  twenty  shillings  p""  hogshead  ;  wherein  as 
Springfeild  was  intentionally  included,  so  this  Courte  had  due 
respect  therevnto  as  then  considered  vnder  the  Massachusetts 
Gouernement,  that  no  greater  burthen  mighte  fall  vppon  those 
inhabitants  then  according  to  cleare  grounds  of  equity  and 
righteousnes,  in  theire  best  aprehensions,  they  ought  readily  to 
submitt  vnto,  and  was  equal  1  for  them  to  beare ;  and  no  more 
then  they  should  haue  expected  to  bee  imposed  vppon  them- 
selues  in  the  like  case  ;  which  order  hath  beene  since  confirmed, 
and  a  penalty  of  confiscation  of  such  goods  annexed  in  case  of 
non-payment :  the  execution  whereof  in  refen  nee  to  our  breth- 
ren of  Springfeild,  hath  only  beene  deferred  vntill  the  judgement 
of  the  Commissioners  of  the  other  CoUonyes  mighte  bee  under- 
stood  in  the  premisses,  according  to  the  Articles  of  Confoedera- 
tion,  wherin  provision  is  made  for  deciding  of  any  differences 
that  might  fall  in  betwixt  any  of  the  Colonyes  ;  wherevnto  they 
referred  themselues  in  this  case,  allthough  they  are  yet  allto- 
gether  vnsatisfied  that  Springfeild  doth  properly  fall  in  within 
the  true  limmitts  of  the  Massachusetts  Pattent,  w^h  they  much 


190  PUBLIC     RECORDS 

desire  may  with  all  convenient  speed  bee  clearly  issued  in  a  way 
of  loue  and  peace,  and  according  to  truth. 

This  was  voted  to  bee  recorded  and  sent  to  the  next  meeting 
of  the  Comissioners,  as  the  Act  of  this  Courte. 


[199]     A  Perticular  Courte  in  Hartford  7*^  June,  1649. 
John  Haynes  Esq'",  Gou'^nor. 
Edward  Hopkins  Esq"",  Deputy. 
Magistrates :     Mr.  Welles,  Mr.  WooUcott,  Mr.  Webster, 

Mr.  Cullick. 
Jury :     Sam:  Smith,   Nath:    Dickerson,  William  Wads- 
worth,  John  Crow,  John  Bernard,  Thomas  Selden,  An- 
tho:  Hawkins,  William  Heydon,  Danyell  Clarke,  George 
Phelps,  Josias  Churchell,  John  Goodrich. 
Thomas  Newton  pi*  contra  John  Capell,  in  an  action  of  debt 
8/.  and  dammages,  Al. 

Henry  Grey  pi*  contra  Jonas  Wood  defend*,  in  an  action  of 
defamation,  to  the  dammage  of  50/. 

William  Edwards  pi*  contra  Richard  Samwis  and  Stephen 
Tayler,  in  an  action  of  the  case,  damages,  10/. 

William  Edwards  pi*  contra  John  Bennett  defend',  in  an  ac- 
tion of  slander,  to  the  dammage  of  5/. 

William  Leawis  pi*  contra  Thomas  [Dement']  defend*,  in  an 
action  of  slaunder,  to  the  dammage  of  50/. 

In  the  action  betweene  Thomas  Newton  pi*  and  John  Capell 
defend*,  the  Jury  findes  for  the  pi*,  debt,  8/.  and  2d.,  and  dam- 
mages 40s.  and  costs  of  Courte.  Execution  graunted  and 
deliuered  the  21""  of  May,  1650. 

In  the  action  betweene  Henry  Grey  pi*  and  Jonas  Wood  de- 
fend*, the  Jury  findes  for  the  pi*  dammages,  3/. 

In  the  action  betweene  William  Edwards  pi*  and  Richard 
Samwais  and  Stephen  Tayler,  defend*^,  the  Jury  findes  for  the 
pi*  5/.  5s.  and  costs  of  the  Courte.  Execution  deliuered  to  him 
the  7'^  ofNovemb",  1649. 

In  the  action  of  slaunder  betweene  William  Edwards  pi*  and 
John  Bennett  defend*,  the  Jury  findes  for  the  defend*,  and  costs 
of  the  Courte. 


OF     CONNECTICUT.  191 

In  the  action  of  slaunder  betweene  William  Leawis  pi*  and 
Thomas  Dement  defend^  the  Jury  findes  for  the  defend*,  and 
costs  of  the  Courte. 

William  Edwards  is  fyned,  for  drawing  wine  contrary  to 
order  of  Courte,  30s. 

The  Courte  graunts  execution  to  John  Bennett  ag*  William 
Edwards,  according  to  the  verdict  of  the  Jury  at  the  Courte 
houldenthe  first  of  March,  1648-9. 

The  Courte  graunts  execution  to  William  Francklyn  ag* 
Thomas  Barber,  according  to  the  verdict  of  the  Jury  at  the 
Courte  houlden  the  16*^  day  of  May,  1649. 

The  same  is  graunted  to  Beniamin  Nuberry  agt  Francklyn. 
[200]     Sainuell  Pond  complaines  agt  Jonas  Westouer  for  mis- 
deameanor. 

Jonas  Westouer  acknowledgeth  himselfe  bound  to  this  Com- 
monwealth, in  a  Recogniscance  of  20/.  and  John  Bissell  and 
Robert  Haward  in  a  Recogniscance  of  10/.  a  peece,  provided 
the  said  Westouer  appeares  at  the  perticular  Courte  in  Sep- 
temb""  next  and  carry  good  behauio'  in  the  meane  time. 

The  Courte  appoints  Mr.  Webster  to  goe  to  Stratford  to  assist 
Mr.  Ludlow  at  the  perticular  Courte  there,  next  Thursday  come 
fortnight,  in  the  execution  of  justice. 

William  Comstock,  Mr.  Trott  and  Sam:  Smith  Junior,  are 
either  of  them  freed  from  theire  and  either  of  theire  Recognis- 
cances  for  the  said  Comstocks  appearing  at  this  Courte. 

Walter  Leawis  and  Mr.  Trott  his  security  are  freed  from 
either  of  theire  Recogniscances,  for  the  said  Walter  his  appear- 
ing at  this  Courte. 

This  day  there  was  presented  to  this  Courte  the  last  will  and 

testament  of  John  Porter,  late  of  Wyndsor,  deceased,  and  the 

Inuentory  of  his  estate. 

Cary  Lathum,  of  Pequett,  acknowledgeth  himselfe  bound  to 

this  Common  wealth,  in  a  Recogniscance  of  40/.  provided  hee 
appeare  at  any  place  within  this  Jurisdiction  haueing  reasona- 
ble warning  soe  to  doe,  at  any  time  within  this  six  months,  and 
carry  good  behauior  in  the  meane  while. 

William  Bartlett  acknowledgeth  himselfe  bound  to  this  Com- 
mon wealth,  in  a  Recogniscance  of  20/.  and  Cary  Lathum,  in 
a  Recogniscance  of  20/.  that  the  said  William  Bartlitt  shall  ap- 


192  PUBLIC     RECORDS 

peare  at  the  perticular  Courte  vppon  the  first  Thursday  in  Sep- 
temb''  next,  and  cairy  good  behauic  in  the  ineane  while. 

Jonas  Woods  bond  to  the  Dutch,  hee  deUuered  into  this 
Courte,  wch  was  cancelled  by  order  thereof,  and  the  Seer,  ap- 
pointed to  certefie  the  same  vnder  his  hand. 

Jonas  Wood  complaining  to  this  Courte  that  by  reason  of 
Thomas  Newtons  failing  to  performe  the  verdict  of  the  Jury, 
according  to  agreement  at  the  Courte  in  Hartford,  vppon  the 
28th  of  Decembs  1G48,  hee  was  forced,  to  his  great  loss  and 
dammage,  to  satisfie  his  bond  at  the  Monatoes  himselfe ;  This 
Courte  adiudgeth  to  bee  due  to  the  said  Jonas  Wood  from  the 
said  Thomas  Newton,  according  to  the  aforesaid  verdict  and 
dammages, — 

For  his  bond  at  the  Dutch,  being  400  Gilders,    38/.  00.  0. 

For  so  much  the  Jury  adiudged  Newton  to 

pay  him  more  then  the  bond,         .         .  30.  00.  0. 

For  the  charge  &  dammage  about  it,     .         .10.  00.  0. 


78.  00.  0. 
out  of  w^h  the  Courte  discounts  the  18/.  w^h  Wood  was  to  pay 
Newton,  by  the  verdict  of  the  Jury,  vppon  an  action  of  New- 
tons  agt  Wood,  the  same  day  :  so  there  remaines  to  Wood 
sixty  pounds.     Execution  graunted. 


[201]     A  Perticular  Courte  in  Hartford,  the  6*^  of  Sep- 
TEMB"^,    1649. 

John  Haynes  Esq'",  Gouerno"". 

Edward  Hopkins  Esq"",  Deputy. 

Magistrates  :  Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster^ 
Mr.  Cullick. 

Juiy :  Mr.  Westwood,  John  White,  Nathaniell  Ely, 
George  Graue,  John  Lattimore,  John  Rily,  Thomas 
Hollibutt,  Luke  Hitchcock,  Will:  Gayler  Junior,  Will: 
Phelps  Junior,  Walter  Fyler,  Robert  Haward. 

Thomas  Osrnore  pi*  contra  William  Cornewell  defend',  in  an 
action  of  the  case,  to  the  damage  of  4/. 

Richard  Buttler  pit  contra  William  Cross  defend*,  in  an  ac- 
tion of  the  case,  to  the  damage  of  6/. 


OF     CONNECTICUT.  193 

Mrs.  Chester  pU  contra  Wallter  Leawis  defend*,  in  an  action 
of  defatnation,  dammages,  10/, 

Sam:  Gardiner  pl^  for  himselfe,  Thomas  Edwards  and  the 
Widdow  Louenam,  contra  Thomas  Osmore  defend*,  in  an  ac- 
tion of  Trespass,  to  the  dammage  of  41. 

Mathias  Trott  pi*  contra  John  Coleman  defend*,  in  an  action 
of  slaunder,  to  the  dammage  of  50/. 

Mr.  Henry  Woollcott,  senior,  pi*  contra  Bray  Rossiter  de- 
fend*, in  an  action  of  the  case,  to  the  dainage  of  12/. 

John  Bissell  pi*  contra  Richard  Fellows  defend*,  in  an  action 
of  the  case,  to  the  dammage  of  40s. 

Owyn  Tuder  pi*  contra  William  Edwards  defend*,  in  an 
action  of  debt,  to  the  value  of  20/. 

Corbitt  Piddell  pi*  contra  Thomas  Stanton  defend*,  in  an  ac- 
tion of  the  case,  concernins;  two  cures,  to  the  dammage  of  6/. 

Jeames  Wakely  pi*  contra  Thomas  Skidmore  and  Edward 
Higby  defend*^,  in  an  action  of  slaunder,  to  the  dammage  of  20/. 

Thomas  Stanton  pi*,  contra  Joane  Sipperance,  in  an  action 
of  slaunder,  to  the  vtter  vndoinge  of  his  wiues  good  name  and 
allmost  taking  away  her  life,  to  the  dammage  of  200/. 

Joshuah  Jennings,  for  not  watching  one  night,  and  other  ill 
carriages  to  the  Constable,  is  to  pay  for  the  watchman  in  his 
roome,  and  is  fyned,  2s.  \\d. 

Jeames  Wakely,  for  some  defects  in  wattching,  is  fined  25. 
y'\d. 

Henry  Coale,  for  sleeping  in  y^  time  of  his  watch,  is  fyned 

105. 

Nathaniell  Barding,  for  the  same,  is  fined  lOs. 

Timothy  Mercer,  of  Wyndsor,  is  fined,  for  a  pound  breach, 
405. 

[202]  In  the  action  betwene  Thomas  Osmore  pi*  contra  Will- 
iam Cornewell  defend*,  the  Jury  findes  for  the  pi*,  debt  205. 
damages  135.  4d.  and  costs  of  the  Courte. 

In  the  action  betwene  Richard  Buttler  pi*  and  William  Cross 
defend*,  the  Jury  findes  for  the  pi*,  4/.  55.  in  wampum,  and  costs 
of  the  Courte.     Execution  dd  to  y'  pl\  y'  15"^  of  May,  1650. 

In  the  action  betwene  Mrs.  Chesther  pi*  and  Wallter  Leawis 
is  defend*  the  Jury  finds  for  the  pi*,  205.  and  costs  of  y<^  Courte. 

In  the  action  betwene  Sammuell  Gardiner  pi*  and  Thomas 
18 


194  PUBLIC     RECORDS 

Osmore  defend*,  the  Jury  findes  for  the  pi*,  20  bush:  of  Indian 
corne,  two  bush:  of  Indian  Beanes,  and  costs  of  y^  Courte. 
Execution  d'd  14'*  of  May,  1650. 

In  the  action  betweene  Mathias  Trott  pi*  and  John  Coltmaa 
defends  the  Jury  findes  for  the  plS  305.  and  costs  of  y^  Courte. 
In  the  action  betweene  Mr.  Woollcott  pi*  and  Bray  Rossiter 
defend*,  the  Jury  findes  for  the  defend*,  costs  of  the  Courte. 

In  the  action  betweene  John  Bissell  pi*  and  Richard  Fellows 
defend*,  the  Jury  finds  for  the  defend*,  costs  of  the  Courte, 

In  the  action  betweene  Owyn  Tuder  pi*  and  William  Ed- 
wards defend*,  the  Jury  findes  for  the  pi*,  15  barrills  of  Tarr 
and  4/.  \0s.  and  costs  of  the  Court e.  Execution  granted,  to 
issue  forth  within  14  dayes. 

In  the  action  betweene  Corbitt  Piddell  pi*  and  Thomas  Stan- 
ton defend*,  the  Jury  findes  for  the  pi*,  20s.  and  costs  of  the 
Courte.     Execution  graunted  to  bee  pi^sent. 

In  the  action  betweene  Jeames  Wakely  pi*  and  Thomas 
Sckidmore  and  Edward  Higby  defend*^,  the  Jury  findes  for  the 
pi*,  damages  2c?.  and  costs  of  the  Courte,  w^h  the  Courte  al^ 
lowes  to  bee  9s.  Sd. 

In  the  action  betweene  Thomas  Stanton  pi*  and  Joane  Sib- 
perance  defen*,  the  Jury  findes  for  the  pi*,  30s.  and  costs  of  the 
Courte. 

The  Courte  appointes  the  eldest  Sergeant  of  the  Trained 
Band  at  Wethersfeild,  to  call  forth  and  exercise  the  same  ac- 
cording to  order  of  Courte,  for  the  present,  and  that  they  should 
make  choyce  of  one  amongst  them  for  theire  Leiftenant,  and 
p^sent  him  to  the  Courte. 

[203]     Mrs.  Chesther  complaines  against  George  Chappell  and 
Goody  Coleman  and  Danyell  Turner,  for  misdeameano^s. 

Danyell  Turner,  for  libelling  against  Mrs.  Chesther  and  for 
other  misdemeano'^s,  is  committed  to  prison,  and  is  to  bee 
brought  forth  and  whipt  next  Lecture  day,  and  then  to  goe  to 
prison  againe  for  a  month  from  this  time,  and  then  publickly 
corrected  againe,  and  giue  good  security  for  his  good  behauior. 
Thomas  Willkenson,  for  disorderly  carriage  in  the  meeting- 
howse,  vppon  the  Saboath  day,  is  to  bee  committed  to  prison 
till  the  Courte  sees  cause  to  free  him. 


OF     CONNECTICUT.  195 

Thomas  Rushmore,  for  the  same  crime,  is  committed  allso 
with  the  former. 

This  Courte  frees  Jonas  Westouer  and  his  security  from 
theire  and  either  of  theire  Recogniscances,  for  Westouers  ap- 
pearance and  good  behauio^ 

Thomas  Burnham  acknovvledgeth  himselfe  bound  to  this  Com- 
wealth  in  a  Recogniscance  of  10/.  that  Rushmore,  his  man, 
shall  appeare  at  the  next  perticular  Courte,  and  carry  good  be- 
hauic  in  the  meane  time. 

Gregory  Gibbs  acknowledgeth  himselfe  bound  to  this  Comon 
wealth  in  a  Recogniscance  of  20Z.  and  Thomas  Parkes  in  a 
Recogniscance  of  10/.  that  the  said  Gibbs  shall  carry  good  be- 
hauio""  for  the  space  of  halfe  a  yeare  next  ensuing. 

The  Judgment  of  the  Courte  is  that  Walter  Leawis  should 
giue  Mrs.  HoUister  good  security  to  the  value  of  30/.  before  hee 
goes  from  her,  that  what  dammage  shee  shall  susteine  for  want 
of  his  seruice  shall  bee  made  good  and  paid  to  her,  if  hee  doth 
not  make  it  appeare  in  a  reasonable  time,  that  hee  is  not  bound 
to  serue  her  any  longer  then  vntill  this  time. 

William  Bartlitt  of  Pequett  is  freed  from  traineing,  by  reason 
of  his  lamenes,  prouided  hee  notwithstanding  meinteine  his 
armes  as  complete  and  able  for  seruice  as  they  should  bee  if 
hee  did  traine. 


[204]      A  Generall  Courte  in  Hartford,  the  13*^  of 
September,  1649. 

John  Haynes  Esq^  Gou^nor. 

Edward  Hopkins  Esq^,  Deputy. 

Magistrates:  Roger  Ludlow  Esq^,  Mr.  Wells,  Mr. 
WooUcott,  Mr.  Webster,  Mr.  CuUick. 

Deputijes  :  Mr.  Taylecoate,  Mr.  Steele,  Mr.  Trott,  Mr. 
Allyn,  Mr.  Phelps,  Mr.  Gayler,  Mr.  Clarke,  Mr.  Warde, 
Andrew  Bacon,  Edward  Stebbing,  Sam:  Smith,  Nath: 
Dickerson,  John  Demon,  Thomas  Staples,  absent,  Steph: 
Harte,  Will:  Beardsly,  absent,  Thomas  Sherratt,  absent. 
This  Courte  frees  John  Rockwell  senior  and  John  Styles 


196  PUBLIC      RECORDS 

senior,  from  watching  and  training,  and  Mr.  Brancker  from 
watching  and  wardinge  and  traininge. 

This  Courte  taking  into  consideracon  the  many  dangers  that 
the  family es  of  Thomas  Holcombe,  Edward  Grisswold,  John 
Barthtt,  Francis  Grisswold  and  George  Grisswold,  all  of  Wynd- 
sor,  are  in  and  exposed  vnto,  by  reason  of  their  remoate  lining 
from  neighbors  and  nearenes  to  the  Indians,  in  case  they  should 
all  leaue  theire  families  together  without  any  guard  ;  doth  free 
one  souldger  of  the  foremenconed  families  from  training  vppon 
euery  training  day ;  each  family  aforesaid  to  share  herein  ac- 
cording to  the  number  of  souldgers  that  are  in  them  :  provided 
that  man  wh  tarryes  at  home  stands  about  the  aforesaid  bowses 
vppon  his  sentinell  posture. 

It  is  ordered  by  this  Courte,  that  whosoeuer  shall  take  out  any 
warrant  from  the  Secretary  thereof,  that  concernes  an  action, 
shall,  before  hee  hath  a  warrant,  enter  his  action  with  the 
Secretary  and  then  take  out  his  warrant  for  summons  to  answer 
the  same,  for  w^h  they  shall  pay  for  euery  entry  twelue  pence, 
and  for  euery  warrant  foure  pence,  though  they  agree  with  their 
defendts  before  the  Courte.  Allso,  if  any  other  magistrate 
shall  graunt  a  warrant  that  concernes  an  action,  they  shall  en- 
ter the  action  in  a  small  booke  for  that  purpose  before  they 
graunt  the  warrant,  and  shall  make  a  due  returne  at  euery 
Courte  to  the  Secretary  thereof,  what  such  warrants,  and  to 
whome,  they  haue  graunted.  And  all  such  persons  shall  bee  as 
lyable  to  pay  twelve  pence  for  euery  such  action,  to  the  Sec- 
retary of  the  Courte,  as  if  they  should  haue  had  theire  warrants 
of  him. 

It  is  allso  ordered,  that  whosoeuer  shall  enter  into  any  Re- 
cogniscance  in  Courte,  shall  pay  to  the  Secretary  of  the  said 
Courte  for  euery  entry,  six  pence  ;  and  before  hee  withdrawes 
it  or  bee  freed  from  it,  shall  pay  him  for  the  withdrawing  of  it, 
twelue  pence. 

Whereas  by  reason  that  the  order  about  watching  hath  not 
beene  rightly  vnderstood,  many  differences  and  inconveniences 
haue  beene  occasioned.  For  preuenting  thereof,  this  Courte 
doth  explaine  themselues  and  order ;  that  whosoeuer  within  this 
Jurissdiction  that  are  lyable  to  watch,  shall  take  a  journey  out 
of  the  Towne  wherein  heeliueth,  after  hee  hath  had  timely  notice 


OF     CON^fECTICUT.  197 

and  warning  to  watch,  hee  shall  provide  a  watchman  for  that 
turne,  though  himselte  bee  absent.  And  if  any  man  that  takes 
a  journey,  or  goes  out  of  the  Towne  wherein  he  liueth,  if  hee 
returnes  home  within  a  weeke  after  the  watch  is  past  his  howse 
hee  shall  bee  called  back  to  watch  that  turne  past  a  weeke  be- 
fore. 

[205]  Jespar  Gunn,  of  Hartford,  is  freed  from  watching  during 
the  time  that  hee  attends  the  seruice  of  the  mill. 

This  Courte,  taking  into  serious  consideracon  what  may  bee 
done  according  to  God  in  way  of  reuenge  of  the  bloude  of 
John  Whittmore,  late  of  Stanford,  and  well  weighing  all  circum- 
stances, together  with  the  carriages  of  the  Indians  (bordering 
therevppon,)  in  and  about  the  premisses  :  doe  declare  themselues 
that  they  doe  judge  it  lawfull  and  according  to  God  to  make 
warr  vppon  them. 

This  Courte  desires  Mr.  Deputy,  Mr.  Ludlow  and  Mr. 
Taylecoate  to  ride  to  morrow  to  New  Hauen,  and  conferr  with 
Mr.  Eaton  and  the  rest  of  the  Magistrates  there  aboute  sending 
out  against  the  Indians,  and  to  make  returne  of  their  apprehen- 
sions with  what  convenient  speed  they  may. 

The  Courte  is  adiourned  to  next  Tuesday  at  noone. 


A  Session  of  the  Generall  Courte  in  Hartford,  the 

18^1^  September,  1649. 
Whereas  the  French,  Dutch  and  other  forraigne  nations  doe 
ordinarily  trade  gunns,  powder,  shott  etc.  with  the  Indians,  to  C 
great  preiudice,  and  the  strengthening  and  animating  of  the  In- 
dians against  vs,  as  by  dayly  experience  wee  finde  ;  and  where- 
as the  aforesaid  French,  Dutch  etc.  doe  prohibitt  all  trade  with 
the  Indians  within  theire  respectiue  Jurissdictions,  vnder  penal- 
tye  of  confisscation  ;  It  is  therfore  hereby  ordered,  that  after 
due  publication  hereof,  it  shall  not  bee  lawfull  for  any  French- 
man, Dutchman  or  person  of  any  other  forraigne  nation,  or 
any  English  liuing  amongste  them  or  under  the  gouernment  of 
them  or  any  of  them,  to  trade  with  any  Indian  or  Indians  with- 
in the  limmitts  of  this  Jurissdiction,  either  directly  or  indirectly, 
by  themselues  or  others,  vnder  penalty  of  confisscation  of  all 
such  goods  and  vessells  as  shall  bee  found  so  trading,  or  the  due 
18* 


198  PUBLIC     RECORDS 

value  thereof,  vppon  just  proofe  of  any  goods  or  any  vessells 
so  trading  or  traded  :  And  it  shall  bee  lawfull  for  any  person  or 
persons  inhabiting  within  this  Jurissdiction  to  make  seizure  of 
any  such  goods  or  vesells  trading  with  the  Indians  as  by  this 
law  is  prohibited  ;  the  one  halfe  whereof  shall  bee  to  the  proper 
vse  and  benefitt  of  the  partye  seizing,  and  the  other  to  the  pub- 
lick  : 

This  order,  vppon  the  recomendation  of  the  Coinissioners  to 
the  Generall  Courtes  of  the  seuerall  Jurissdictions  was  confirm- 
ed by  this  Courte. 

[206]  The  distribution  of  the  souldgers  that  shall  issue  forth  of 
each  towne,  is  as  followth  : 

Hartford,         .         .         .         13 

Wyndsor,  .         .  11 

Wethersfeild,  .         .         08 

Fairefeild  &  Stratford,  13 

45. 

The  Comittee  chosen  by  the  Courte  for  the  ordering  of  the 
setting  forth  of  theise  souldgers  for  ammunition  and  provision, 
are  as  followth  : — 

Magistrates.  Mr.  Haynes,  Mr.  Hopkins,  so  farr  as  his  buis- 
ines  shall  p'mitt,  Mr.  Wells,  Mr.  Webster. 

Deputys.     Mr.  Allyn,  Mr.  Taylecoate,  Sam:  Smith  senioi". 

Mr.  Ludlow  was  desired  to  take  care  for  preparing  the  sould- 
gers with  provisions  and  all  other  necessaryes  for  the  designe  in 
the  two  *  Townes  :  and  Mr.  Hull  and  William  Beard- 

sley  are  chosen  to  assist  therein. 

In  the  case  of  Thomas  Newton  pi*  against  John  Cabell  de- 
fendt  the  execution  of  the  judgement  is  to  bee  suspended  vntill 
the  Courte  of  Election  in  May,  to  w^h  Courte  the  defend*  doth 
appeale,  and  the  pi*  is  to  haue  notice  to  appeare  at  the  said 
Courte  to  answer  the  appeale. 

Gouert  Lockman  appeared  at  this  Courte  and  desired  an 
issue  might  bee  put  to  his  buisines  :  hee  was  tould  that  notwith- 
standing the  forfeit  of  his  bond,  yet  if  hee  could  make  it  ap- 
pear that  hee  was  hindred  by  a  hand  of  God,  and  that  there 
was  not  a  willing  neglect  of  his  owne,  his  case  should  bee  taken 

*  A  blank  in  the  original.    The  words  omitted  were  probably  '  sea  side'. 


OP      CONNECTICUT.  199 

into  due  consideration ;  wherevnto  hee  said  little,  onely  pro- 
fessed his  innocency  in  not  selling  any  powder  or  shott  to  Indi- 
ans, but  onely  the  quantity  of  a  pound  wch  hee  once  gaue  to  a 
Sachem.     Hee  was  allso  tould  that  if  hee  would  enter  into  a 
bond  to  a  double  valew  of  what  his  last  was,  payable  by  him  in 
case  euident  proofe  were  produced,  and  that  vppon  Christian 
testimonye,  (w^h  hee  called  for,)  that  hee  is  vnder  greater  guilt 
then  hee  yett  will  acknowledge,  by  that  mischieuous  trade,  the 
former  ingagement  should  bee  remitted  ;  w<=h  hee  refusing,  the 
Courte  further  propounded  to  him  either  to  pay  the  whole  for- 
feiture or  to  enter  into  bond  to  appeare  at  the  Courte  in  May  to 
answer  the  charge  against  him,  and  to  submitt  to  what  shall 
bee  found  uppon  tryall  by  suffitient  testimonye,  and  hauing  so 
done,  the  halfe  of  the  forfeiture  should  bee  remitted  him.     The 
said  Gouert  not  attending  the  propositions  made  by  the  Courte, 
but  after  the  adiournement  thereof,  applying  himselfe  to  the 
Gouerno''  for  an  issue,  hee  condisscended  by  way  of  agreement 
to  pay  one  hundred  pounds,  provided  hee  might  not  bee  ingag- 
ed  to  abide  the  tryall  of  the  case ;  w*^^  was  accepted  by  the 
Gouerno'',  and  the  said  suiTi  receiued. 

The  Courte  is  adiourned  to  the  10'^  day  of  the  next  month. 


[207]     A  Session  of  the  Generall    Courte  in  Hartford, 
THE  10*^^  OF  October,  1649. 
John  Haynes  Esq"^,  Gouerno'. 
Edward  Hopkins  Esq^  Deputy. 
Magistrates :     Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott, 

Mr.  Cullick. 
Deputy es  :     Mr.  Phelps,  Mr.  Trott,  Mr.  Clarke,  Mr.  Allyn, 
Mr.  Taylecoate,  Mr.  Steele,  Edward  Stebbing,  Sam : 
Smith,  Nath:  Dickerson,  Steph :  Harte,  John  Demon, 
Andrew  Bacon. 
It  is  ordered  by  this  Courte,  that  the  100/.  w<=h  is  receiued  of 
Gouert  Lockman,  shall  bee  sequestred  and  reserued  for  the  per- 
fecting of  the   Forte  and   worke  about  the  same,  so  farr  as  it 
will  goe,  and  that  none  of  it  shall  [6e]  expended  vppon  any 
other  country  or  common  respect. 


200  PUBLIC     RECORDS 

Mr.  Hopkins,  Capt:  Mason,  Mr.  Cullick,  Mr.  Allyn  and  Mr. 
Taylecoate  are  desired  to  prosecute  with  effect  the  worke  that 
is  still  to  bee  done  aboute  the  Forte  and  dwelling  howse  to  bee 
erected  for  the  vse  and  seruice  of  the  Country,  according  to 
former  order  of  Courte. 

It  is  ordered  that  Thomas  Stanton  shall  bee  allowed  and 
paide  fiue  pounds  for  the  seruice  hee  did  in  interpreting  the  In- 
dians language  the  yeare  before  the  last  order  for  his  receiuing 
the  like  yearely  recompence  for  the  future. 

The  Courte  is  adiourned  to  this  day  month. 


A  Session  of  the  Generall  Courte,  this  7*^^  of 

NoVEMSr,    1649. 
John  Haynes  Esqi",  Gouerno''. 
Edward  Hopkins  Esq^  Deputy. 
Magistrates:     Mr.   Wells,  Mr.  Woolcott,  Mr.  Webster, 

Mr.  Cullick. 

Deputyes :     Mr.  Phelps,  Mr.  Trott,  Mr.  Clarke,  Mr.  Gay- 

ler,  Mr.  Allyn,  Mr.  Taylecoate,  Edward  Stebbing,  Sam: 

Smith,  Andrew  Bacon,  Nath:  Dickerson,  John  Dement. 

It  is  ordered  that  a  warrant  shall  issue  forth  to  the  Constable 

of  Pequet,  to  repaire  forthwith  to  Chessbrooke  of  Long  Iland» 

and  to  let  him  vnderstand  that  the  Gouernm^  of  Connecticutt 

doth  disslike  and  distaste  the  way  hee  is  in  and  trade  hee  doth 

drive  amonge  the  Indians  :  And  that  they  doe  require  him  to 

desiste  therfrom  immediately :  And  that  hee  should  repaire  to 

Capt.  Mason  of  Seabrooke,  or  some  other  of  the  Magistrates 

vppon  the  Riuer,  to  giue  an  account  to  him  or  them  of  what 

hee  hath  done  hitherto. 

It  is  further  ordered,  that  East  Hampton,  of  Long  Hand,  shall 
bee  accepted  and  interteined  vnder  this  Gouernment  according 
to  their  importunate  desire. 

This  Courte  graunts  Sam:  Smith  and  the  rest  of  the  owners 
of  the  shipp  at  Wethersfeild,  libberty  to  get  and  make  so  many 
pipestaues  as  will  freight  out  the  said  shipp  the  first  voyage^ 
provided  they  doe  it  out  of  the  bounds  of  any  of  the  Townes 
vppon  the  Riuer,  within  this  Jurisdiction. 
The  Courte  is  adiourned  to  this  day  month. 


OF     CONNECTICUT.  201 

[208]       A  Session  of  the  Generall  Courte  in  Hart- 
ford, THE  5th  of  December,  1649. 
John  Haynes  Esq^,  Gou'^no'". 
Edward  Hopkins,  Esqr,  Deputy. 

Magistrates  :     Mr.  Woollcott,  Mr.  Webster,  Mr.  CuUick. 

Deputyes :     Mr.  Phelps,  Mr.  Allyn,  Mr.  Trott,  Mr.  Steele, 

Mr.    Clarke,  Sam:    Smith,  Nath:   Dickerson,  Andrew 

Bacon,  Edward  Stebbing,  John  Dement,  Steph:  Harte. 

There  being  a  petition  presented  to  this  Courte,  by  some  of 

inhabitants  of  Stratford,  complaining  against  theire  way  of 

rating,  the  Secretary  of  the  Courte  is  appointed  to  write  to  the 

Constable  of  Stratford  that  hee  should  acquaint  the  Towne 

of  Stratford  with  the  same,  and  that  the  Courte   requires  the 

Towne  to  take  order  that  either  theire  Deputyes  or  some  others 

may  come  prepared  to  the  next  Courte  of  Election  in  May,  to 

speake  to  that  case. 

It  is  ordered  by  this  Courte,  that  there  shall  bee  a  publick  day 
of  Thanksgiving  kept  by  all  the  Churches  within  this  Jurissdic- 
tion  that  may  bee  seasonably  acquainted  therewith,  vppon  this 
day  fortnight. 

The  Courte  is  adiourned  to  the  first  Wednesday  in  February 
next. 


[209]     A  Perticular  Courte  in  Hartford,  the  6*^  of  De- 
CEMBi^,  1649. 

John  Haynes  Esq"",  Goumor. 

Edward  Hopkins  Esq^,  Deputy. 

Magistrates :     Mr.    Wells,  Mr.  Woolcott,  Mr.  Webster, 

Mr.  Cullick. 
Jury  :     William  Gibbens,  Nath:  Dickerson,  John  Bissell, 
Sam:   Bourman,   Sam:   Smith,   Dauid    Willton,    Luke 
Hitchcock,  WilUam  Wadsworth,  Thomas  Bull,  Thomas 
Bunce,  John  More,  Antho:  Hawkins. 
Thomas  Burneham  p^  contra  John  Bennett  defend^  in  an 
action  of  debt,  to  the  value  of  3Z.  105. 

John  Sadler  p^  contra  John  Bennett  defend^  in  an  action  of 
debt  and  damages  50s. 

William  Colefax  pl^  contra  John  Sadler  defend*,  in  an  action 
of  the  case,  to  the  damage  of  4/. 


202  PUBLIC     RECORDS 

William  Houghton  pi*  contra  Jeruis  Mudge  defend^  in  an 
action  of  debt  to  the  value  of  6/.  10s. 

John  Hudshon  pi*  as  attorney  to  Sampson  Shorye  contra 
Will:  Williams,  in  an  action  of  debt  and  damages  8/. 

Jeames  Wakely  pi'  as  attorney  to  Stephen  Day  contra 
Thomas  Sckidmore  defend^  in  an  action  of  debt  and  dammages, 
111.  10s. 

Thomas  Demon  pit  contia  Sammuell  Martyn  defend',  in  an 
action  of  the  case  to  the  damage  of  10/. 

Jeruis  Mudge  pi'  contra  Edmund  Scott  defend',  in  an  action 
of  the  case  to  the  damage  of  39s. 

Richard  Samwis  pi'  contra  Thomas  Barly  defend,  in  an  ac- 
tion of  debt  to  the  value  of  5/.  The  defend'  appeares  not : 
And  the  pi'  did  not  prooue  that  the  warrant  was  serued. 

Sammuell  Gardiner  and  Thomas  Edwards  pl'^  contra  Ben- 
iamin  Hilliard  in  an  action  of  the  case  to  the  dammage  of  3Z. 
10s.  The  defend'  not  appearing,  the  Courte  graunts  an  attachm'. 

John  Sable  pi'  contra  Jeruis  Mudge  defend',  in  an  action  of 
debt  to  the  value  of  44s.  dammages  15s.  The  defend'  is  to  put 
in  security  to  answer  the  pi',  next  Courte. 

This  Courte  doth  sequester  the  howse,  homelott  and  meadow 
of  the  relict  of  Abraham  Elsing,  now  the  wife  of  Jaruis  Mudge, 
wch  is  mentioned  and  valued  in  the  Inuentory  of  Abraham  El- 
sing's  estate  at  40Z.  8s.,  for  the  vse  and  benefitt  of  the  two 
daughters  of  the  said  Abraham  Elsing  ;  and  the  whole  rent  af 
the  aforesaid  premisses  shall  bee  reserued  for  the  vse  of  the 
said  children,  from  this  present  yeare  vntill  the  Rent  of  the  said 
land  shall  make  vpp  the  said  40/.  8s.  to  bee  two  thirds  of  the  sum 
of  the  whole  estate  that  the  said  Inuentory  doth  ammount  vnto. 
[210]  In  the  action  betweene  Thomas  Burnham  pi',  and  John 
Bennett  defend',  the  Jury  findes  for  the  pi',  debt  and  damage 
1/.  18s.  2c?.  and  costs  of  the  Courte. 

In  the  action  betweene  John  Sadler  pi'  and  John  Bennett 
defend',  the  Jury  findes  for  the  pi',  debt  and  damages,  \l.  lis. 
2d.  and  costs  of  the  Courte.  Execution  deliuered  to  the  Mar- 
shall, the  W'  January,  1649. 

In  the  action  betweene  William  Colefax  pi'  and  John  Sadler 
defend',  the  Jury  finds  for  the  pi',  damages  10s.  and  costs  of  the 
Courte. 


OF     CONNECTICUT.  203 

In  the  action  betweene  William  Houghton  pi*  and  Jaruis 
Mudge  defend*,  the  Courte  grauntes  the  pi*  right  to  the  cowe 
w<=h  the  defend*  had  formerly  spuld  him,  in  satisfaction  for  the 
debt. 

In  the  action  betweene  John  Hudshon  pi*  and  William  Wil- 
liams defend*,  the  Jmy  findes  for  the  pi*,  debt  and  damages  8/. 
and  costs  of  the  Courte.  Execution  graunted  in  14  dayes,  and 
deliuered,  the  S"*  /an'",  (49.) 

In  the  action  betweene  Jeames  Wakly  pi*  and  Thomas 
Sckidmore  defend*,  the  Jury  findes  for  the  pi*,  debt  and  dam- 
mages,  15/.  10s.  and  costs  of  the  Courte.  Execution  graunted 
the  7""  of  March  (49.)  and  deliuered  the  8'*  day  of  y^  same  month. 
In  the  action  betweene  Jaruis  Mudge  pi*  and  Edmund  Scott 
defend*,  the  Court  adiudges  the  defend*  to  pay  the  pi*  10s. 

In  the  action  betweene  Thomas  Demon  pi*  and  Samuell 
Martyn  defend*,  the  Jury  findes  for  the  pi*,  debt  and  damages 
41s.  and  costs  of  the  Courte.     Execution  graunted  in  a  week. 

Grego:  Gibbs  and  his  security  are  freed  from  theire  and  either 
of  theire  Recogniscances  for  the  said  Gibbs  his  appearance  at 
this  Courte  and  good  behauior. 

John  Jennings,  for  his  filthy  and  prophane  speeches  and  car- 
riages, is  adiudged  to  lye  in  prison  till  next  Thursday  morning 
after  the  Catechising,  and  then  to  bee  publickly  whipt,  and  so 
returne  to  prison  againe  for  a  month  after  that,  except  hee  finde 
bayle  to  appeare  when  hee  is  called  for  againe  to  receiue  second 
correction,  w<=*»  the  Courte  appoints  and  thinkes  meete  to  bee 
next  Thursday  come  month,  excepte  the  Gouerno""  judges  the 
weather  vnseasonable. 

Joane  Sipperance  is  adiudged  to  pay  double  for  the  lace  shee 
stole,  and  three  fold  for  the  time  she  absented  herselfe  from  her 
mai's  seruice. 

S''geant  Barber,  for  his  disorderly  striking  Leiftennant  Cooke, 
is  adiudged  to  lay  downe  his  place,  and  is  fined  to  the  Country,  bh 
Richard  Webb  is  fined  for  not  appearing  at  this  Courte  sea- 
sonably to  serue  on  the  Jury,  2s.  vie?. 

[JVote.  Here  terminate  tlie  Court  Records,  contained  in  Volume  I.  The  remainder  of  the 
volume  consists  of  records  of  Wills  and  Inventories,  and  of  conveyances  of  land  and  lay-outs  of 
grants  to  individual  proprietors.  Volume  II.  contains  only  the  proceedings  of  the  General 
Court, — and  from  the  period  at  which  it  commences,  to  June,  1663,  the  Records  of  tlie  Particu- 
lar Court  or  Court  of  Magistrates,  (including  the  Probate  Records,)  have  been  lost.] 


204  PUBLIC     RECORDS 


[volume  II.] 

A  Session  of  the  Generall  Courte,  6^^  of  FebJ",  1649. 
John  Haynes  Esq'^,  Gou'^no''. 
Edw:  Hopkins  Esq"",  Deputy. 
Magistrates :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick. 
Deputyes  ;    Mr.  Phelps,  Mr.  Clarke,  Mr.  Allyn,  Mr.  Steele^ 

Mr.   Taylecoat,    Sam:   Smith,  Nath:  Dickerson,   John 

Deming,  Edw:  Stebbingi  Andr:  Bacon. 

It  is  ordered  by  this  Courte  that  Nehemiah  Olmsted  bring  in 
to  the  Secretary  a  receipt  vnder  Mr.  Hop[kins]  his  hand,  in 
full  for  this  yeares  payment  of  that  [  ]  proportion  laid  vppon 
Farmington  in  reference  to  thb  composition  for  Seabrooke  by 
the  first  of  the  next  month,  and  if  hee  failes  so  to  doe,  Mr. 
Treasurer  is  desired  to  send  t^e  marshall  to  distreine  the  said 
Olmsted.  / 

The  same  is  to  bee  done  fori  Jonathan  Gillett  and  Tho:  Buck- 
land  of  Wyndsor,  for  the  yeafe  1647. 

And  for  the  yeare  1648,  Will:  Phelps  and  Will:  Hey  [ton] 
of  Wyndsor  are  required  to  doe  the  same  with  the  former,  or 
else  pay  it  themselues. 

The  same  allso  is  to  bee  done  by  John  Hawkes  and  Tho: 
Orton  of  Wyndsor,  for  the  yeare  1649. 

This  Courte  appointes  Sam:  Bourman  of  Wethersfeild,  to  bee 
the  Towne  sealer  of  all  measures  and  weights  in  that  Towne, 
according  to  order  of  Courte. 

It  is  ordered  by  this  Courte,  that  Will:  Rescew  shall  bee 
allowed  and  paid  out  of  the  publique  Treasury,  ten  pounds  a 
yeare  during  the  time  hee  keepeth  the  charge  of  the  house  of 
correction. 

This  Courte,  taking  into  consideracon  the  petition  of  Tho: 
Staunton  presented  to  them,  haue  graunted  to  him  and  doe 
order,  that  hee  shall  haue  libberty  to  erect  a  trading  howse  at 
Pawcatuck,  with  six  acres  of  planting  ground,  and  libberty  of 
feed  and  mowing,  according  to  his  present  occasions  :  and  that 


OF      CONNECTICUT.  205 

none  within  this  Jurisdiction  shall  trade  within  that  Riuer  for 
the  space  of  three  yeares  next  ensuing ;  provided  hee  submitt 
himselfe  to  such  other  exceptions  and  cautions  as  the  Gouerno^ 
and  Deputy  shall  judge  meett. 

The  Courte  is  adiourned  to  the  20*^1  of  next  March. 


[2]    A  Session  of  the  Generall  Courte,  this  20^11  of  march, 

1649-50. 
[John]  Haynes  Esq^,  Gouerno^ 
[Edw:]  Hopkins  Esq^,  Deputy. 
Magistrates :     Mr.  Wells,  Mr.  Woollcott,   Mr.  Webster, 

Mr.  Cullick. 
Deputyes :     Mr.  Phelps,  Mr.  Taylecoat,  Mr.  Trott,  Mr. 
Clarke,  Mr.  Allyn,  Sam:  Smith,  Nath:  Dickerson,  Andr: 
Bacon,  John  Deming,  Edw:  Stebbing. 
Robert  Haward,  miller  of  Wyndsor,  is  freed  from  seruing 
vppon  Juryes  during  his  attendance  vppon  the  mill. 

The  order  about  the  wages  of  men  and  cattle  is  repealed. 
Allso,  the  order  about  the  prises  of  all  corne  is  repealed ; 
whereby  all  persons  are  left  at  libberty  to  make  theire  bargaines 
for  corne,  provided  where  no  price  is  agreed  betwixt  persons, 
corne  shall  bee  payable  according  to  the  former  order,  that  is 
to  say,  wheat  at  45.,  pease  at  35.,  rye  at  35.  and  Indian  at  25. 
vie?,  pr  bush  : 

The  answer  of  the  Courte  to  the  petitioners  in  Saybrooke  is 
to  bee  recorded  :  and  the  Comittee  appointed  to  attend  further 
what  they  shall  desire,  is  as  followth; — The  Gournc,  Mr.  Wells, 
Mr.  Webster,  Mr.  Steele,  Mr.  Allyn  and  Sam:  Smith,  and  such 
other  as  they  shall  see  cause  to  call  to  them  :  The  answer 
followth  : — 

The  petition  from  the  Inhabitants  of  Saybrook,  presented  by 
Mathew  Grisswold  and  Tho:  Leppingwell,  being  read  and  con- 
sidered, the  Secretary  was  directed  to  returne  the  ensuing 
answer : 

Though  the  Courte  yett  see  not  any  convincing  strength  of 
argument  in  the  reasons  alleadged  to  induce  either  an  allteracon 
19 


206  PUBLIC     RECORDS 

in  theire  judgement  touching  the  equity  of  what  is  imposed,  or 
a  necessity  of  leauing  the  determinacon  thereof  to  others,  (the 
purchase  or  agreement  mentioned  not  being  carried  on  wholy 
without  the  knowledge  or  consent  of  the  Inhabitants  there, 
vnles  the  end  be  severed  from  the  meanes,  w^'^  prudence  for- 
bids, the  interests  of  that  place  as  really  concerned  therein  as 
the  other  plantacons,  and  in  some  respects  more,  the  pretence 
of  this  Courts  passing  sentence  in  theire  owne  case,  excluding 
all  the  inhabitants  of  the  Riuer  from  a  capabillity  of  acting 
therein,  and  vppon  the  same  ground  making  all  Courts  vncape- 
able  in  many  cases  of  determining  by  themselues  what  may 
concerne  theire  peace  and  comforts,  without  a  forraigne  assist- 
once, — the  vncomelines,  yea,  and  vnreasonableness  whereof  is 
easily  obvious,) — yet  this  Courte,  for  the  further  satisfaction  of 
the  petitioners  are  content  to  giue  them  full  libberty  to  present 
in  writing  any  arguments  or  reasons  they  haue  to  lead  theire 
judgements  in  the  present  case,  w^h  shall  bee  taken  into  due 
and  serious  consideracon,  and  either  owned  in  theire  strength, 
(if  they  appeare  convincing,)  or  a  returne  made  therevnto  in 
[3]  writing,  if  the  validity  bee  dissatisfactory ;  H  wherein  the 
Courte  shall  not  deny  them  any  libb[erty  they]  desire  of  taking  in 
the  aprehensions  of  others,  (not  [  ]  concerned  in  the 

case,)  for  theire  owne  reliefe  and  [satis]  faction  :  being  no  wayes 
vnwilling  theire  actions  should  bee  brought  to  the  light  and 
judged  by  it,  but  ever  re[sol]ued  to  give  due  respect  to  any 
beame  thereof  that  [may]  bee  presented  by  any,  when  it  shines 
in  its  beauty  :  But  in  the  meane  time  they  advise  the  petition- 
ers to  adress  themselues  to  a  ready  observacon  of  what  is  impo- 
sed, vntill  the  Courte  see  cause  to  make  another  judgement  in 
the  case. 

This  Courte  adds  to  the  Committee  chosen  to  prosecute  the 
worke  about  a  dwelling  howse  at  Seabrooke,  at  the  Courte 
vppon  the  10*^  of  October,  1649,  Stephen  Post  and  Thomas 
Traisy,  of  Seabrooke  : — 

And  Sammuell  Smith  senior,  of  Wethersfeild,  to  the  Comittee 

about  the  lands  at  Mattabeseck,  in  the  roome  of  Jeames  Boosy, 

This  Courte  appoints  that  next  Wednesday  come  seuen-night 

shall  bee  kept  a  publique  day  of  humilliation  throughout  all  the 

plantacons  in  this  Jurissdiction,  to  seeke  the  face  of  the  Lord. 


OF     CONNECTICUT.  207 

Mr.  Clarke,  of  Wyndsor,  is  propounded  by  the  Deputyes  of 
that  Towne  to  bee  in  nomination  for  a  Magistrate,  at  the  next 
Courte  of  Election. 

The  Courte  is  dissolued. 


[4]      A  Generall  Courte  of  Election,  the  16***  of  May, 

1650. 
Edward  Hopkins  Esq^,  Gouerno''. 
John  Haynes  Esq'",  Deputy. 
Roger  Ludlow  Esq.,  Mag.  Mr.  CuUick,  Mag.  (^  Sec''. 

Mr.  Wells,  Mag.  ^  Treasurer.    Mr.  Clarke,  Mag. 
Capt.  John  Mason,  Mag.  Mr.  Howell,      )    chosen 

Mr.  Webster,  Mag.  Mr.  Cossmore,  )  Magisf. 

Mr.  WooUcott,  Mag. 

Deputyes  :     Mr.  Trott,  Mr.  Hull,  Mr.  Gaylerd,  Mr.  Steele, 
Mr.  Taylecoate,  Mr.  Allyn,  Mr.  HoUister,  Mr.  Warde, 
Nath:  Dickerson,  John  Bissell,  Andr:  Bacon,  Edw:  Steb- 
bing,  Dauid  Willton,  John  Deming,  Will:  Beardsly,  Tho: 
Sherratt,  Steph:  Harte,   Tho:  Tomson,  Tho:  Birchard, 
absent,  Nath:  Griswold,  absent. 
This  day  there  were  made  Freemen  of  this  Jurisdiction, 
John  Wenthrope  Esq^,  Mr.  Jonathan  Brewster,  Mr. 
John  Russell,  John  Pantry,  Natha:  Cooke. 
It  is  ordered  by  this  Courte  that  no  Forreigner,  after  the  29th 
of  September  next,  shall  retaile  any  goods,  by  themselues,  in 
any  place  within  this  Jurissdiction :  nor  shall  any  Inhabitant 
retaile  any  goods  w^h  belong  to  any  Forreigner,  for  the  space  of 
one  whole  yeare  after  the  said  29*^1  of  September  next,  vppon 
penalty  of  confiscation  of  the  value  of  the  one  halfe  of  the  goods 
so  retailed,  to  bee  paid  by  the  seller  of  them. 
The  Courte  is  adiourned  till  Munday  next. 

The  pi'sentments  of  the  Grand  Jury  vnto  this  Courte  are 
vppon  the  fyle  :  w^  were  fyned  by  the  perticular  Courte  vppon 
the  20ti>  of  Febf,  1650,  as  appeares  by  the  Records  of  that 
Courte. 


208  PUBLIC     RECORDS 

[5]     A  Session  of  the  Generall  Courte,  the  21*^  of  May, 

1650. 
Edw:  Hopkins  Esq"",  Gouernoi". 
John  Haynes  Esq^,  Deputy, 

Magistrates :     Roger  Ludlow  Esqf,  Mr.  Wells,  Mr.  Web- 
ster, Mr.  Woollcott,  Mr.  Cullick,  Mr.  Clarke. 
Deputyes  :     Mr.  Taylecoat,  Mr.  Steele,  Mr.  Warde,  Edw: 
Stebbing,  Mr.  HoUister,  Andr:  Bacon,  Nath:  Dickerson, 
Will:  Beardssly,  Tho:  Sherratt,   John  Dement,    Steph: 
Harte,  Tho:  Tomson. 
This  Courte  takinge  into  serious  consideracon,  the  losse  of 
time  that  the  souldgers  pressed  vppon  the  last  expedition  against 
the  Indians,  might  sustaine  by  theire  depending  therevpon,  doe 
allowe  to  the  common  souldgers  6s.  Qd.  a  peece,  and  the  ser- 
geants 105.  a  peece. 

This  Courte  graunts  execution  to  Newton  against  John  Cable, 
according  to  the  judgm*  entred  the  7*^  of  June,  1649. 

This  Courte,  considering  the  Returne  of  Danyell  Titterton 
and  John  Hurd,  about  a  percell  of  land  lying  neare  the  Towne 
of  Fairefeild,  according  to  theire  order  from  the  Generall  Courte 
of  Election,  in  May,  1649,  doe  graunt  vnto  the  said  Towne  of 
Fairefeild  the  said  percell  of  land  to  Sagatuck  Riuer  :  provided 
the  said  Sagatuck  doe  not  exceed  two  myles  from  the  bounds  of 
the  said  Fairefeild. 

Whereas,  a  thousand  acres  of  ground  at  Pequett  were  for- 
merly graunted  to  Capt:  Mason,  as  a  gratuity  for  his  good  ser- 
vice at  the  Pequett  warr ;  fine  hundred  whereof  hee  gaue  to  fiue 
of  his  well  deserving  souldgers,  w^h  now  the  plantation  of 
Pequett  hath  taken  vp  at  the  graunt  of  the  Courte  ;  this  Courte 
judgeth  it  meete  that  those  fiue  souldgers  should  bee  rationally 
recompensed  and  satisfied  for  the  same,  either  at  Niantecutt 
(if  the  Courte  shall  not  finde  it  deepely  inconvenient  to  the 
Common  wealth  or  the  Plantacon  of  Pequett,)  or  else  in  some 
other  place  or  way. 

This  Courte  vppon  request  made,  adds  to  the  bounds  of  the 
plantation  of  Pequett,  two  myles  from  the  Sea  northward,  vppon 
the  same  tearmes  and  cautions  that  theire  former  bounds  were 
graunted.     And  to  theire  proposition  for  a  further  addition  of 


OF      CONNECTICUT.  209 

meadow,  wh  they  desire  may  bee  at  Niantecutt,  this  Courte 
declares  that  when  the  said  Niantecutt  is  veiwed,  and  it  doth 
appeare  to  the  Courte  that  they  may  be  accommodated  there, 
[6]  according  to  theire  desire,  ||  and  yet  this  Common  weahh 
suted  allso  (as  was  suggested  by  some  interested  in  the  said 
Towne  of  Pequett,)  they  shall  attend  theire  reasonable  satisfac- 
tion therein. 

Will:  Rescews  bill  of  charges  for  Elizabeth  Johnsons  impris- 
onment to  the  first  Thursday  of  the  next  month,  being  24 
weekes,  amounting  to  6/.  105.  is  allowed  and  approued :  and 
the  Courte  desires  Mr.  Ludlow  and  Mr.  Warde  to  see  the  bill 
discharged  to  the  said  Will:  Rescew  out  of  her  estate. 

Whereas  Mr.  Jonathan  Brewster  hath  set  vp  a  trading  howse 
at  Mohigen,  this  Courte  declares  that  they  cannott  but  judge 
the  thinge  very  disorderly,  neuertheless  considering  his  condi- 
tion, they  are  content  hee  should  proceed  therein  for  the  pres- 
ent, and  till  they  see  cause  to  the  contrary. 

This  Courte  desires  the  Gouerno''  and  deputy  to  execute  the 
place  of  Comissioners  for  this  Jurissdiction,  with  the  vnited 
Colonyes,  for  the  meeting  in  Septemb'  next  and  for  the  yeare 
ensuing. 

This  Courte  graunts  to  Capt:  John  Mason  fifty  acres  of  ground 
neare  a  brooke,  about  foure  or  six  myles  on  this  side  Mohegin, 
w^h  is  in  consideracon  for  the  land  they  graunted  him  at  Pe- 
quett vppon  the  conquest. 

Henry  Grey  is  fyned  twenty  shillings  for  abusing  the  Courte. 

This  day  3  weekes  is  appointed  for  a  day  of  Thanksgiuing 
publicquely,  in  all  the  Churches  within  this  Jurissdiction. 

The  Courte  is  adiourned  till  this  day  5  weekes. 


[7]      A  Session  of  the  Generall  Courte,  the  26'^  June, 

1650. 
Edw:  Hopkins  Esq"",  Gouerno''. 
John  Haynes  Esq"",  Deputy. 

Magistrates  :     Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott, 
Mr.  Cullick,  Mr.  Clarke. 
19* 


210  PUBLIC     EECORDS 

Deputyes :  Mr,  Steele,  Mr.  Taylecoat,  Mr.  Allyn,  John 
Bissell,  Edw:  Stebbing,  Andr:  Bacon,  Nath:  Dickerson, 
Dauid  Willton,  John  Deming,  Steph:  Harte,  Tho: 
Tomson. 

John  Taylecoat  Junior,  being  presented  as  chosen  En[signe] 
to  the  Trained  Band  in  Hartford,  this  Courte  approues  and  con- 
iirmes  the  said  choyce. 

Natha:  Ely  and  Richard  Olmsted  in  the  behalfe  of  themselues 
and  other  Inhabitants  of  Hartford,  desired  the  leaue  and  ap- 
probation of  the  Courte  for  planting  of  Norwaake,  to  whome 
an  answer  was  returned  in  substance  as  foUoweth  : — 

That  the  Courte  could  not  but,  in  the  generall,  approue  of  the 
indeauo^'s  of  men  for  the  further  improuement  of  the  wildernes, 
by  the  beginning  and  carrying  on  of  new  plantacons  in  an  or- 
derly way;  and  leauing  the  consideracon  of  the  just  grounds 
of  the  proceedings  of  the  petitioners  to  its  propper  place,  did 
manifest  theire  willingness  to  promoate  theire  designe  by  all 
due  incouragemt,  in  case  theire  way  for  such  an  vndertaking 
were  found  cleare  and  good  :  and  prouided  the  numbers  and 
quality  of  those  that  ingage  therein  appeare  to  bee  such  as  may 
rationally  carry  on  the  worke  to  the  advantage  of  the  publique 
wellfare  and  peace ;  that  they  make  preparations  and  provi- 
sions for  theire  owne  defence  and  safety,  that  the  country  may 
not  be  exposed  to  vnnecessary  trouble  and  danger  in  these  haz- 
ardous times  ;  that  the  devisions  of  the  lands  there  to  such  as 
shall  inhabitt,  bee  made  by  just  rules  and  with  the  aprobacon 
of  a  Comittee  appointed  for  that  end  by  this  Courte,  or  to  bee 
rectified  by  the  Courte  in  case  of  aberrations,  and  that  they 
attend  a  due  payment  of  theire  proportions  in  all  publique 
charges,  with  a  ready  observation  of  the  other  wholsome  or- 
ders of  the  Country. 

The  Courte  is  adiourned  till  this  day  month. 


[8]    A  Generall  Courte  in  Hartford,  the  12'^i>  of  Septemb', 

1650. 
Edw:  Hopkins  Esq"",  Gouerno^ 

Magistrates :     Mr.  Wells,   Mr.  Webster,   Capt:   Mason, 
Mr.  Woollcott,  Mr.  Cullick,  Mr.  Clarke. 


OF      CONNECTICUT.  211 

Deputyes :    Mr.  Brewster,   Mr.   Phelps,  Mr.  Taylecoat, 
Mr.  Allyn,  Mr.  Steele,  Edw:  Stebbing,  Andr:  Bacon, 
John  Bissell,  Dauid  Willton,  Tho:  Mynor,  Steph:  Harte, 
Nath:  Dickerson,  Sam:  Smith,  Mr.  Warde,  Tho:  Judd, 
Tho:  Staples. 
Mathew  Allyn,  appealing  to  this  Courte  for  justice  in  refer- 
ence to  the  3  first  verdicts  of  the  Jury  at  the  perticular  Courte, 
the  5th  day  of  this  instant  September,  the  contents  of  w^h  ver- 
dicts may  and  doth  fully  appeare  in  the  Records  of  that  Courte  ; 
They  haue  taken  them  perticularly  into  theire  serious  consid- 
eracon,  and  therefore  haue  concluded  and  determined  as  fol- 
lowth; — 

First,  that  they  see  no  just  cause  to  varye  from  or  allter  the 
first  verdict  of  the  Jury,  and  therefore  doe  allowe  and  confirme 
the  same,  namely,  that  Thomas  Allyn  should  haue  his  speciali- 
ties of  Mathew  Allyn,  with  10s.  damage  and  costs  of  the 
Courte  : 

For  the  2"^,  w^h  was  for  vniust  molestation  and  the  damage 
therevpon,  w^^^  the  Jury  found  to  bee  sixty  pounds,  this  Courte 
declares  that  they  doe  judge  that  Thomas  Allyn  was  vniustly 
molested  by  Mathew  Allyn,  but  cannott  judge  the  dammage  to 
bee  so  great  as  the  Jury  did  finde,  and  therefore  doe  declare 
and  determine  that  the  dammage  should  bee  brought  downe  to 
twenty  marke  and  costs  of  Courte  : 

For  the  3*^,  w^^  was  for  expences  about  cattle,  this  Courte 
approoues  of  the  verdict  of  the  Jury  therevpon,  w^ii  is  that  the 
said  Mathew  Allyn  shall  pay  vnto  the  said  Thomas,  forty  fiue 
pounds  and  costs  of  Courte  : 

And  this  Courte  doth  further  conclude,  adiudge  and  deter- 
mine, that  Mathew  Allyn  shall  pay  vnto  his  brother  Thomas, 
the  full  suih  of  fiue  pounds  over  and  aboue  what  was  determin- 
ed by  the  severall  verdicts  of  the  Jury,  w«=h  fiue  pounds  is  for 
the  said  Thomas  his  charges  of  trauells. 

This  Courte  desires  Mr.  Gouerno^  Mr.  Deputy  and  Mr.  Web- 
ster to  consider  of  the  graunt  of  land  to  Thomas  Bull  and  oth- 
ers, and  to  settle  somthing  vppon  them  according  to  the  graunt 
of  the  Courte  in  May  last. 

Mr.  Gayler  and  John  Bissell  are  chosen  by  this  Courte  to 


212  PUBLIC     RECORDS 

arbitrate  in  a  difference  betweene  Mr.  Richard  CoUecott  and 
Mr.  Mathew  Allyn,  and  to  put  an  issue  tiierevnto. 

The  Courte  is  adiourned  to  next  Wednesday  come  3  weekes. 


[9]     A  Session  op  the  Generall  Court,  the  9^^  of  Octo- 
ber,  1650. 

Edward  Hopkins  Esq"^,  Gouerno''. 

Magistrates  :    Mr.  Woollcott,  Mr.  Cullick,  Mr.  Webster, 

Mr.  Clarke. 
Deputyes :    Mr.  Trott,  Mr.  Allyn,  Mr.  Phelps,  Mr.  Steele, 
Sam:    Smith,  Natha:    Dickerson,   John   Bissell,    Edw: 
Stebbing,  Andr:  Bacon,  Dauid  Willton,  Steph:  Harte. 
It  is  ordered  by  this  Courte  that  the  Guards  in  the  [seuejrall 
Townes  within  this  Jurissdiction,  shall   bee  allowed  yearely, 
halfe  a  pound  of  powder  a  man,  to  bee  prouided  by  and  at  the 
charge  of  theire  seuerall  Townes. 

The  Courte  appoints  next  Wednesday  3  weekes  to  bee  kept 
a  publique  day  of  Thanksgiuing. 

The  Courte  is  adiourned  till  next  Wednesday  come  fortnighte. 


A  Session  of  the  Generall  Courte,  the  31st  qf  Octob'', 

1650. 

Edw:  Hopkins  Esq^,  Gouerno''. 

John  Haynes  Esqi",  Deputy. 

Magistrates :     Mr.  Wells,  Mr.  Webster,  Mr.  Woolcott, 

Mr.  Cullick,  Mr.  Clarke. 
Deputyes  :     Mr.  Phelps,  Mr.  Allyn,  Mr.  Steele,  Mr.  Trott, 
Natha:  Dickerson,  Dauid  Willton,  Sam:   Smith,  Edw: 
Stebbing,  Andr:  Bacon,  Tho:  Coleman,  Tho:  Judd. 
Thomas  Standly,  of  Hartford,  complaining  to  this  Courte  of 
a  dissabillity  in  one  of  his  armes,  (w^h  was  broken  not  long 
since,)  to  handle  his  Armes  and  to  doe  his  postures  in  millitary 
discipline,  vppon   training   days ;  this   Courte  frees  the   said 
Thomas  Standly  from  his  training,  till  they  shall  see  just  caus& 
to  allter  the  same. 

The  Courte  is  adiourned  till  next  Munday. 


OF      CONNECTICUT.  213 

[10]     A  Session  of  the  Generall  Courte,  the  3^  of  No- 
vember, 1650. 

Edw:  Hopkins  Esq^,  Gouernor. 

John  Haynes  Esq)",  Deputy. 

Magistrates:     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick,  Mr.  Clarke. 
Deputyes  :     Mr.  Phelps,  Mr.  Allyn,  Mr.  Steele,  Mr.  Tayle- 

coat,  Edw:  Stebbing,  Andr:  Bacon,  Tho:  Coleman,  Tho: 

Judd. 

Greenfill  Lerreby,  for  his  dissorderly  carriage,  is  fyned  fine 
pounds, — 5/. 

Stephen  Danyell  is  fyned  for  the  same,  forty  shillings, — 40s. 

And  both  of  them  are  required  if  Joshuah  Jennings  (whome 
they  rescued  or  at  least  conueyed  from  the  power  of  authority,) 
come  aboard  their  shipp  againe,  either  vppon  the  Riuer  or  at 
Seabrooke,  to  deliuer  him  vp  to  authority. 

It  is  ordered  and  concluded,  that  whereas  the  Towne  of 
Fairefeild  hath  not  attended  this  Courte  with  a  just  and  perfect 
list  of  the  estate  of  theire  Towne  according  to  order  of  Courte, 
as  they  were  inioyned,  and  required  to  doe,  they  shall  pay  to 
the  Common  wealth  twenty  nobles  as  a  fyne  for  theire  neglect 
if  not  contempt  therein:  and  to  pay  to  the  Country,  by  rate  for 
this  yeare,  according  to  the  estate  they  formerly  gaue  in.  The 
fyne  of  twenty  nobles  is  remitted,  as  appeares  by  the  Records  of 
the  Courte,  15'^  May,  1651. 

It  is  ordered,  that  the  Treasurer  shall  send  forth  his  warrants 
into  the  seuerall  Townes,  for  the  Country  Rate,  according  to 
the  rule  in  Courte  for  this  present  yeare ;  and  that  hee  shall 
keepe  a  just  account  how  and  for  what  he  doth  expend  the 
same. 

The  Courte  is  adiourned  to  the  first  Wednesday  in  Feb""  next. 


[11]     A  Session  of  the  Generall  Courte,  this  5th  qf  Fes'", 

1650. 
Edw:  Hopkins  Esq"",  Gouerno"'. 
John  Haynes  Esq"",  Deputy. 


214  PUBLIC      RECORDS 

Magistrates :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster, 

Mr.  Cullick,  Mr.  Clarke. 
Deputyes  :     Mr.  Steele,  Mr.  Taylecoat,  Mr.  Trott,  Edw: 

Stebbing,  John  Bissell.  Nath:  Dickerson,  Dauid  Willton, 

Andr:  Bacon,  Sam:  Smith,  Tho:  Coleman,  Steph:  Harte, 

Tho:  Judd. 

Whereas  there  is  an  order  of  Courte  amongst  vs  w^^  prohib- 
itts  all  perticular  persons  within  this  Jurissdiction  from  buying 
any  land  of  the  Indians,  either  directly  or  indirectly,  vnder  any 
pretence  whatsoeuer  ;  this  Courte  add^h  therevnto  and  orders, 
that  no  perticular  person  whatsoeuer  shall  buy  of  the  Indians, 
either  directly  or  indirectly,  any  timber,  candle  wood  or  trees 
of  any  sorte  or  kinde,  within  this  Jurissdiction,  though  it  bee 
without  the  bounds  of  the  seuerall  Townes. 

Whereas,  it  doth  appeare  that  much  hurte,  loss  and  damage 
doth  acrue  to  this  Common  wealth  and  to  perticular  persons  in 
the  seuerall  plantations,  by  those  hoggs  that  are  kept  or  beard- 
ed in  the  woods,  by  theire  rooting  vpp  and  wronging  otherwise 
the  common  feed  of  cattle,  and  by  theire  hanging  about  and 
breaking  through  such  fences  as  are  suffitient  against  other  cat- 
tle, into  mens  corne,  and  spoiling  the  same.  It  is  ordered  by  this 
Courte,  that  if  any  hoggs  or  swyne  shall  bee  found  within  three 
myles  of  any  dwelling  howse,  in  any  of  the  plantations  within 
this  Jurissdiction  (except  such  as  are  kept  in  mens  yards,  w^h 
are  to  bee  ringed  or  yoaked  when  found  in  the  streete,  accord- 
ing to  the  order  of  Courte,  in  May  last,)  from  the  first  of  March 
to  the  middle  of  October,  they  shall  forfeitt  sixpence  a  peece, 
for  euery  time  they  are  soe  found. 

Whereas,  by  vertue  of  an  order  in  May  last,  each  Towne 
shall  chuse  among  themselues  fiue  able  men,  to  consider  and 
order  the  best  way  of  improuing  and  fencing  common  lands  ;  It 
is  ordered  by  this  Courte  that  the  seruice  committed  to  them,  in 
all  the  perticulars  thereof,  w^h  appeares  more  fully  in  the  said 
order,  shall  bee  attended  by  the  Townsmen,  or  those  men  that 
are  chosen  to  order  and  attend  the  affaires  of  the  seuerall 
Townes  wherein  they  line,  within  this  Jurissdiction,  and  what- 
soeuer the  maior  pn  of  the  said  Townsmen  in  their  seuerall 
Townes  shall  agree  vppon,  conclude,  determine  and  order,  ac- 
cording to  the  former  order  of  fiue  men,  shall  in  all  respects 


OF      CONNECTICUT.  215 

bynde  and  bee  attended  as  fully  as  if  it  had  beene  done  by  the 
said  fiue  men. 

Thomas  Horskins,  of  Wyndsor,  being  p^'sented  as  vnfitt  and 
dissable  to  attend  Trainings,  watching  and  warding,  this  Courte 
frees  him  from  the  seruices  aforesaid,  during  his  dissabillity. 
[12]  Whereas  it  doth  appeare  to  this  Courte  that  those  Townes 
that  are  more  remoate  are  at  more  and  greater  charge  in  bring- 
ing the  Corne  of  their  Townes,  for  the  ordinary  Country  Rates, 
than  those  Townes  or  persons  that  are  nearer  to  the  Treasurer, 
place  or  places  of  payment,  as  occassions  shall  or  may  require ; 
It  is  ordered  by  this  Courte,  that  for  such  corne  as  Wyndsor 
shall  pay  to  the  Rates  aforesaid  and  bring  downe  to  Hartford  in 
corne,  they  shall  bee  allowed  two  pence  in  the  bushell,  and  for 
what  corne  aforesaid  they  shall  carry  to  Wethersfeild,  they 
shall  be  allowed  three  pence  p"^  bush:  And  Farmington  three 
pence  p""  bush:  for  what  such  corne  they  shall  bring  to  Hart- 
ford, and  if  they  carry  it  further  they  shall  bee  allowed  reasona- 
ble satisfaction  for  the  same,  ouer  and  aboue  the  aforesaid  three 
pence  p""  bushell. 

A  Committee  for  the  clearing  of  the  agreement  with  Mr. 
Fenwick,  chosen  by  this  Courte,  are  as  foUow^h:  Mr.  Haynes, 
Capt.  Mason  and  Mr.  John  Steele;  these  are  for  the  clearing 
of  the  first  agreement,  being  the  Committee  that  made  the  said 
agreement.     And  for  the  second  agreem^  Mr.  Clarke  and  Mr. 
Taylecoate,  whoe  are  to  draw  out  a  true  coppy  of  both  the  said 
agreements  vnder  Mr.  Hopkins  his  hand,  w^h  said  coppie  or 
coppies  shall  bee  kept  vppon  record  and  fyled  by  the  Secretary. 
And  this  Courte  graunts  libberty  to  each  Towne  to  send  any 
two  of  theire  Inhabitants  to  the  meeting  of  the  aforesaid  Com- 
mittee, to  heare  the  said  agitacons,  and  to  satisfie  theire  seuerall 
Townes  with  the  grounds  of  any  conclusions  that  they  may 
make,  that  so  all  scruples  may  bee  remoued  and  all  hearts  sat- 
isfied and  quieted  for  y^  future  in  the  premisses  :  w^h  said  time 
of  meeting  for  the  Committee  aforesaid,  is  the  first  Tuseday  of 
the  next  month,  being  commonly  called  March,  at  the  Gouern- 
C^s  howse  ;  and  the  Deputyes  of  the   seuerall   Townes  are  de- 
sired to  giue  seasonable  notice  to  theire  said  Townes  of  the 
premisses,  that  so  no  Towne  may  plead  that  they  did  not  know 


216  PUBLIC     RECORDS 

of  the  same :  only  speciall  notice  is  to  bee  giuen  to  Capt.  Ma- 
son and  the  Towne  of  Seabrooke. 

This  Courte  graunts  and  orders,  that  the  Secretary  shall  bee 
allowed  and  paid  the  suin  of  six  pounds,  being  in  p^t  of  payment 
for  his  great  paines  in  drawing  out  and  transcribing  the  coun- 
try orders,  concluded  and  established  in  May  last. 

This  Courte  is  adiourned  to  the  2^  Lecture  day  in  March 
next,  after  ye  sermon. 


[13]     A  Session  of  the   Generall  Courte,  in  Hartford, 
THIS  19tii  March,  1650-51. 
Edw:  Hopkins  Esq"",  Goui^no"^, 
John  Haynes  Esq"",  Deputy. 
Magistrates :     Mr.  Wells,  Capt:  Mason,  Mr.  WooUcott^ 

Mr.  Webster,  Mr.  Clarke,  Mr.  Cullick. 

Deputyes :     Mr.    Phelps,  Mr.  AUyn,  Mr.  Tailecoat,  Mr. 

Trott,   John   Bissell,    Sam:  Smith,   Natha:  Dickerson,. 

Tho:  Coleman,  Andr:  Bacon,  Edward  Stebbing,   Tho:- 

Judd. 

Whereas  vppon  former  information  giuen  to  this  Court  that 

William  Cheessbrooke  (a  smith,  somtimes  an  Inhabitant  in  the 

Massachusetts,  but  more  lately  at  Seacunck,  alias  Rehoboth,  in 

the  Jurissdiction  of  New  Plimouth,)  had  begunn  to  settle  him- 

selfe  at  Pacatuck,  a  place  within  the  limitts  of  this  Colonye,. 

order  issued   out  to  the  said  Cheessbrooke,*  vppon   seuerall 

weighty  consideracons,  either  to  depart  the  place,  or  to  make 

his  appearance,  and  giue  an  account  of  his  proceedings,  where- 

vnto  hee  submitted,  and  by  a  poenall  obligation  ingaged  him- 

seife  to  attend  : 

The  said  Cheesbrooke  now  presented  himselfe  to  this  Courte,. 
and  in  way  of  Apologie  professed  his  sitting  downe  there  was 
besides  his  purpose  and  intendment,  his  ay  me  being  to  settle  at 
Pequett  plantation,  but  finding  that  place  in  seuerall  respects 
vnsutable  to  his  expectations,  and  hauing  disposessed  himselfe  of 
his  former  aboade,  hee  was  in  a  manner  necessitated  for  the 

*  See  page  200,  ante. 


S 


^ 


^« 


fr> 


^^ 


r 


OP     CONNECTICUT.  217 

preservation  of  his  estate  to  make  winter  provision  for  his  cattle 
there,  wherevnto  hee  was  allso  incouraged  by  Mr.  John  Win- 
throp,  who  pretended  a  Comission  from  the  General!  Courte  in 
the  Massachusetts  for  the  planting  of  those  partes.  Hee  was 
tould  that  as  the  right  of  that  place  did  clearely  appertaine  to 
this  Colonye,  so  his  proceeding  was  vnwarrantable  in  sitting 
downe  there  without  the  knowledge  and  approbation  of  this 
GouernemS  and  it  carried  (in  the  open  face  of  it,)  the  greater 
ground  of  offence,  in  that  by  his  calling  hee  was  fitted,  and  by 
his  solitary  liuing  advantaged,  to  carry  on  a  mischeiuous  trade 
with  the  Indians,  p^'fessly  cross  [to]  the  generall  orders  of  the 
Country,  and  extreamely  preiudiciall  to  the  publique  safety, 
which  was  increased  by  reports  of  practice  in  that  kinde  in  the 
place  of  his  last  abode ;  besides  it  seemed  more  than  vncomely 
for  a  man  professing  Godliness  so  to  withdraw  from  all  publique 
ordinances  and  Xtian  society.  In  his  answer,  hee  acknowledg- 
ed his  former  transgression  (for  w*'''  hee  justly  suffered,)  but 
affirmed  (to  take  of  all  suspition  in  that  kinde)  that  at  hi^  re- 
mooue  hee  sould  away  his  tooles,  and  thereby  made  himselfe 
vncapeable  of  repairing  any  gun  locks,  or  making  so  much  as  a 
scrue  pinn,  either  for  himselfe  or  others,  and  that  hee  was  fully 
resolued  not  to  continue  in  that  sollitary  condition,  but  had  to 
himselfe  good  grounds  of  hopes  (if  libberty  might  bee  graunted,) 
in  a  shorte  time  to  procure  a  competent  company  of  desireable 
men,  for  the  planting  of  the  place. 

The  Courte  duely  considered  all  that  was  presented,  &  though 
they  were  willing  to  make  the  most  favourable  construction  of 
his  former  proceedings,  yet  they  exprest  themselues  alltogether 
vnsatisfied  in  the  aforementioned  respects,  for  his  continuance 
there  in  the  way  hee  is  in,  and  could  giue  no  aprobacon  there- 
vnto,  yet  they  were  inclined  (hee  professing  his  full  agreem* 
with  the  approoued  Churches  of  Christe,  in  all  things)  if  the 
necessity  of  his  occassions  to  his  owne  apprehensions  were  such 
that  hee  would  adventure  vppon  his  owne  acco^  and  ingage 
himselfe  in  a  bond  of  a  100/.  not  to  p^'secute  any  vnlawfuU  trade 
with  the  Indians,  they  would  not  conip[el  [to 

remooue.* 

♦  The  whole  of  this  last  line,  (at  the  bottom  of  page  13,  in  the  original,)  is  nearly,  apd  a  por- 
tion of  it  quite  obliterated. 

20 


218  PUBLIC     RECOEDS 

[14]  And  if  before  the  General!  Courte  in  Septemb""  next,  hee 
giue  in  the  names  of  a  considerable  company  of  such  persons 
as  the  Com^te  shall  approoue,  who  will  ingage  for  the  planting 
of  the  place  and  sitting  downe  there  before  the  next  winter, 
and  allso  submitt  themselues  to  such  wayes  and  rules  as  shall 
best  promoate  the  publique  good,  all  meete  incouragement  shall 
be  giuen  in  that  way :'  w<=h  being  made  knowne  to  William 
Cheessbrooke,  hee  thankfully  acknowledged  the  Courts  fauo'', 
and  acquiessed  in  theire  determinacon. 
The  Courte  is  dissolued. 


A  Generall  Courte  of  Election,  in  Hartford,  the  15^^  day 
OF  May,  1651. 

John  Haynes  Esq',  elected  Gou'no''. 

Edward  Hopkins  Esq"",  Deputy. 

Magistrates  elected :  Roger  Ludlow  Esq"",  J  ohn  Win- 
throp  Esqr,  Mr.  Wells,  Capt:  Mason,  Mr.  Woollcott,  Mr. 
Webster,  Mr.  Cullick,  Mr.  Clarke,  Mr.  Howell,  Mr.  Tap- 
ping. 

Deputyes :  Mr.  Tailecoat,  Mr.  Phelps,  Mr.  Steele,  Mr. 
Trott,  Mr.  Allyn,  Mr.  Gayler,  Mr.  Warde,  Mr.  Hull, 
Nath:  Dickerson,  Dauid  Willton,  Tho:  Coleman,  John 
.  Deming,  Edw:  Stebbing,  Andr:  Bacon,  John  Clarke, 
Tho:  Birchard,  Tho:  Thorneton,  Steph:  Harte,  Tho: 
Staunton,  John  Brunson,  Tho:  Mynor,  [Philjlip  Groues, 
absent. 

Samuell  Fittch,  Jonathan  Rudd,  John  Strong,  Moses  Ventris, 
made  free. 

John  Dyer  testifieth  in  Courte,  that  vppon  a  time  this  spring, 
Mr.  Blinman  and  another  of  Pequett  being  at  Seabrooke,  de- 
sired this  deponent  to  carry  them  ouer  the  Riuer  in  a  cannooe, 
towards  Pequett,  \v^^  hee  did;  and  that  when  hee  had  sett 
them  ashore,  it  being  wett  weather,  hee  tarried  there  awhile,  in 
w^h  time  of  his  tarrying  there  came  three  Indians  to  him',  and 
that  Thomas  Leppingwell  was  with  them,  w'^^^  said  Indians  de- 
sired this  deponent  to  sett  them  ouer  in  the  cannoe,  to  Sea- 
brooke, w^h  hee  tould  them  hee  would  doe  if  they  would  worke, 


OF     CONNECTICUT.  219 

because  the  cannooe  was  heauy ;  so  hee  brought  them  ouer, 
and  when  hee  had  turned  the  point  into  the  North  Coue, 
and  came  neare  the  vessells  that  rode  there,  the  said  Indians 
asked  this  deponent  w^h  was  the  Dutch  vessell,  and  hee  tould 
ym  wch  J  then  they  asked  this  deponent  whether  the  Dutchman 
had  any  coates  :  hee  answered  them,  tutta  ;  then  one  of  the  In- 
dians stood  vp  in  the  cannooe  and  called  to  the  vessell  and 
sayd,  Way  bee  gon  coates  ?  Some  answered,  there  was  coates  : 
then  this  deponent  tould  the  Indians,  Nux ;  then  they  desired 
and  hee  sett  them  aboard,  and  this  deponent  tarried  in  the  can- 
nooe :  then  Mr.  Augustine,  Mi'chS  called  to  the  skipper  to  shew 
the  Indians  some  cloths,  so  the  skipper  and  the  Indians  went 
downe  into  the  hold,  as  hee  supposed,  amonge  the  cloth,  &  in 
the  meane  time  Mr.  Augustine  spake  to  this  deponent  to  come 
ouer,  w^h  hee  did,  and  after  the  said  Indians  had  beene  a  pretty 
w^hile  in  the  hold  with  the  skipper,  the  skipper  asked  Mr.  Au- 
gustine how  hee  sould  a  coate  of  two  yards :  Mr.  Augustine 
answered,  twenty  shillings :  then  this  deponent  asked  the  said 
Augustine  if  hee  sould  his  cloth  for  ten  shillings  a  yard; 
hee  answered,  yes,  to  the  Indians,  but  for  nine  shillings  to 
[15]  others,  or  two  bushells  of  wheat :  then  this  deponent  replied 
that  two  bushells  of  wheat  was  worth  ten  shillings.  So  hauing 
tarried  some  time,  hee  asked  the  Indians  if  [they]  would  goe 
ashoare ;  they  answered,  by  and  by :  then  hee  tarried  awhile, 
and  asked  them  againe;  then  one  belonging  to  the  vessell  tould 
this  deponent  that  hee  might  goe  away  if  hee  would,  and  hee 
would  sett  the  Indians  ashoare,  when  they  desired  it.  So  this 
deponent  went  home  (and  left  the  Indians  aboard)  and  dyned, 
and  spake  nothing  to  any  of  any  Indians  going  aboard  the 
Dutch  vessell ;  and  allso  that  hee  knew  nothing  but  the  Dutch 
might  trade  coates,  so  they  did  not  trade  gunns,  powder  and 
shott. 

Thomas  Chapman,  William  Pratt,  Jonathan  Rudd,  Sacha[ry] 
Sanford  and  Christopher  Huntington,  did  all  testifie  in  Courtc 
vppon  theire  oaths,  that  they  knew  nothing  of  John  Dyers 
carrying  Indians  aboard  the  Dutch  vessell,  and  that  that  was 
no  ground  of  theire  seizing  the  vessell  and  goods. 

Whereas  Augustine  Herriman,  by  trading  with  the  Indians 
at  Seabrooke,  contrary  to  order  of  Courte,  hath  forfeited  his 


220  PUBLIC     RECORDS 

vessell  and  goods,  w^h  was  seized  by  some  of  the  Inhabitants 
of  Seabrooke  aforesaid,  This  Courte  hath  taken  the  same  into 
consideracon,  and  doe  adiudge  the  said  Herrman  to  pay  vnto 
the  said  seizures  the  smTi  of  for[ty]  pounds  sterHng,  in  good 
pay :  Aud  that  the  said  Herriman  doe  giue  it  vnder  his  hand, 
that  vppon  the  tryall  and  examination  of  the  buisiness,  it  did 
appeare  that  the  English  had  dealt  fairely  with  him  all  along  in 
that  business  ;  and  that  there  was  not  any  English  that  drew 
or  caused  the  Indians  to  trade  with  him  or  in  his  vessell,  to  in- 
trapp  or  insnare  both  or  either  of  them. 

The  Gouernor,  Mr.  CuUick  and  Mr.  Clarke  are  desired  to  goe 
downe  to  Stratford  to  keepe  Courte  vppon  the  tryall  of  Goody 
Bassett  for  her  life,  and  if  the  Gouerno'  cannott  goe,  then  Mr. 
Wells  is  to  goe  in  his  roome. 

This  Courte,  considering  the  great  inconveniences  that  occur 
by  reason  of  Roade  Hand  interteining  of  fugitiues,  and  such  as 
are  guilty  of  capital!  crimes  and  other  misdeameno'^,  from  the 
seuerall  vnited  Colonyes,  cannott  but  judge  the  same  to  bee  ex- 
treamely  preiuditiall  to  the  peace  and  wellfare  of  the  said  colo- 
nyes, doe  order  that  the  premisses  should  be  recomended  to  the 
serious  consideracon  of  the  Comissioners,  that  some  efFectuall 
course  may  bee  taken  for  the  redress  of  the  same. 
[16]  This  Courte  desires  that  a  letter  should  be  written  from 
the  Courte  to  the  Jurissdiction  of  Plymouth,  that  they  would 
prepare  themselues  against  the  next  meeting  of  the  Comission- 
ers, to  make  appeare  vnder  w^h  of  the  Colonyes  the  plantations 
of  Warwick  and  others  doe  stand. 

John  Bankes,  Edward  Adams,  Phillip  Pinckney,  John  Hoite 
and  Georg  Godding,  being  fyned  twenty  shillings  apeece,  as  ap- 
peares  in  the  Records  of  the  Courte  the  S^h  July,  1G50,  this 
Courte  frees  the  said  partyes  from  theire  said  fynes,  and  Thomas 
Staples  fyne  of  forty  shillings  is  brought  downe  to  twenty. 

Whereas  in  the  order  of  Rating,  the  Comissioners  of  Faire- 
feild  and  Strattford  are  not  inioyned  and  required  to  meete  the 
Comissioners  in  the  seuerall  Townes  vppon  the  Riuer ;  It  is 
now  ordered  by  this  Courte  that  the  said  Comissioners  of  Faire- 
feild  and  Strattford  shall  yearely,  in  the  Town  of  Hartford,  two 
dayes  before  the  Generall  Courte  in  Septemb"",  meete  with  the 
Comissioners  of  the  said  seuerall  Townes  vppou  the  Riuer  and 


OFCONNECTICUT.  221 

bring  with  [them']  the  lists  of  the  persons  and  the  estates  of 
tiieire  seuerall  Tovvnes,  that  they  may  bee  jointly  examined  and 
perfected,  before  they  are  transmitted  to  the  said  Generall 
Com'te.  And  if  the  said  Comissioners  should  not  agree,  they 
are  to  present  the  grounds  of  theire  difiering  and  disagreement 
vnto  the  said  Courte,  to  bee  by  them  issued  and  determined; 
and  theire  fyne  of  twenty  nobles  at  the  Generall  Courte,  the  3d 
of  Novemb"",  1650,  is  remitted  by  this  Courte. 

There  being  an  occasion  of  debate  in  this  Courte  about 
Seabrooks  non-payment  of  the  proporcon  laid  vppon  that  Towne 
in  reference  to  the  purchase  and  agreement  with  Georg  Fen- 
wick  Esqr,  John  Clarke  and  Thomas  Birchard,  Deputyes  for 
that  Towne,  did  ingage  themselues  in  the  behalf  of  the  said 
Towne  of  Seabrooke,  that  there  shall  bee  due  payment  made 
of  the  said  leuye  due  by  the  said  Towne  of  Seabrooke,  to  bee 
paid  for  5  yeares  now  past,  in  October  next,  provided  theire 
payment  of  what  is  due  or  shall  bee  due,  bee  no  preiudice  to 
them  or  the  Inhabitants  of  Seabrooke,  in  pleading  any  seeming- 
grounds  or  reasons  they  haue  for  their  not  paying  of  all  or  any 
parte  of  the  said  leuye ;  the  former  Comittee  are  desiered  to 
attend  such  reasons  and  allegations  as  they  shall  present,  as 
formerly  they  were  desired. 

Thomas  Thorneton  affirmed  in  Courte,  that  it  was  reported 
there  was  a  hundred  beeues  killed  in  Fairefeild  last  yeare. 

This  Courte  taking  into  consideracon  the  proposition  of  the 
Inhabitants  of  Pequett  for  some  inlargem*  of  meadow  at  Nian- 
tecutt,  and  whereas  there  was  500  acres  of  ground  lying  in 
Pequett  graunted  to  fine  of  Capt:  Masons  souldgers  at  the  Pe- 
quett warr,  w^h  being  taken  vp  by  Pequett,  they  doe  desire  may 
bee  recompenced  at  Niantecutt ;  the  Courte  desires  and  ap- 
points that  John  Clarke  and  Thomas  Birchard  of  Seabrooke 
should  goe  to  Pequett  and  veiw  the  said  percell  of  land  there 
[17]  giuen  to  the  said  souldgers,||  and  taken  vp  by  Pequett,  as  be- 
fore and  then  goe  to[Niantecutt]  and  lay  out  there  vnto  the  said 
souldgers  such  and  so  m[uch]  land  as  may  bee  fully  equiuolent 
to  theire  former  gr[aunt]  of  land  at  Pequett.  And  for  the  In- 
habitants of  Pequett,  [the]  Courte  graunts  that  theire  bounds 
shall  come  to  Bride  Brooke,  (the  former  graunt  excepted,)  pro- 
uided  that  it  doe  not  come  within  the  bounds  of  Seabrooke, 
20* 


222  PUBLIC     RECORDS 

and  provided  that  what  meadow  or  marshe  there  is  aboue  two 
hundred  acres,  it  shall  be  reserued  for  the  countrys  vse  [or] 
other  and  further  dispose. 

Mr.  Deputy  and  Mr.  Ludlow  are  chosen  Comissioners  for 
this  Jurissdiction  to  attend  the  next  meeting  of  the  Comission- 
ers of  the  vnited  Colonyes,  and  so  for  the  yeare  ensuing  as  oc- 
cassion  may  require,  and  if  the  Deputy  should  bee  gonn  out  of 
the  Country  to  England  before  the  said  meeting,  then  Mr.  Cul- 
lick  is  to  supply  his  place. 

It  is  ordered,  that  those  that  hue  in  seuerall  companyes  at 
farmes  remoate  from  the  seuerall  Townes,  shall  haue  libberty  to 
keepe  one  in  each  quarter  at  home  vppon  euery  training  day, 
who  is  of  age  to  bare  armes,  provided  one  man,  (where  more 
then  one  is,)  shall  tarry  at  home  but  one  training  day  at  a  time^ 
and  that  those  whoe  doe  stay  at  home  bee  prouided  with  armes, 
according  to  lawe  ;  and  where  any  one  farme  is  so  farre  distant 
from  the  Towne  as  Mr.  Fenwicks  is,  at  Sixe  Myle  Hand,  then  one 
in  like  manner  may  remaine  at  home,  for  safety  of  the  place. 

This  Courte  graunts  theire  consent  that  Nathaniell  Rescew 
should  haue  Goodwife  Johnsons  childe,  w^'^  was  boi'ne  in  the 
prison,  as  an  apprentice  to  him,  till  hee  is  of  the  age  of  twenty 
one  yeares,  and  that  the  said  Rescew  shall  haue  ten  pounds 
with  him,  out  of  Newtons  estate. 

This  day  there  was  presented  a  letter  to  the  Courte,  by  the 
Deputy,  from  John  Wenthrop  Esq""  of  Pequett,  directed  to  the 
said  Deputy,  the  contents  whereof  fol[lowth  :] 
Worthy  S"-. 

It  was  my  intent  to  haue  waited  vppon  yo^^selfe  and  the 
Honoi'ed  Courte,  but  some  occasions  of  absolute  necessity 
(as  Mr.  Blinman  can  informe)  require  my  hasting  into  the 
Bay,  w^h  should  haue  beene  sooner  if  I  had  beene  well  to  haue 
gon  by  land,  but  I  haue  expected  a  passage  by  water  to  Provi- 
dence, wch  I  am  now  promissed  by  a  pinnace  that  I  expect  to 
returne  i'rom  Leiftennant  Gardiners  this  day ;  therefore  I 
[18]  desire  to  bee  excused  till  some  further  opportunity. 

There  hath  beene  earnest  motions  to  mee,  from  some  well 
willers  to  the  CoiTion  good,  to  make  some  search  and  tryall  for 
mettalls  in  this  Country,  and  there  is  hope  that  there  might  bee 
a  stock  gathered  for  that  purpose,  if  there  were  incouragements 
from  the  seuerall  Jurissdictions.  I  have  therefore  made  bould 
to  propound  the  inclosed  graunt  to  yo'"selfe  and  the  Courte ; 
professing  this,  that  I  neither  know  nor  haue  heard  of  any 


OF     CONNECTICUT.  223 

mynes  or  mettalls  within  this  Jurissdiction,  for  I  haue  not  yet 
made  any  search,  but  only  propound  it  for  incouragement  to 
any  that  will  bee  adventurers  and  joine  in  the  vndertaking  of 
such  a  designe  ;  w^''  is  allready  done  in  the  Bay,  where  I  know 
of  two  places  of  lead,  one  at  Lynn  and  the  other  at  Nuberry, 
but  that  at  Lynn  being  chalenged  by  the  Towne  and  so  neare 
the  Iron  worke,  that  takes  vp  all  the  wood,  that  it  cannott  bee 
wrought  there  ;  and  the  Towne  hath  beene  at  charge  for  the 
finding  of  the  veine,  but  it  cannot  bee  found,  and  so  they  are 
discouraged,  for  it  was  onely  loose  peeces  that  wee  found.  1 
doe  not  much  desire  to  haue  any  thinge  put  in  about  gold  and 
siluer,  yet  if  it  be  put  in,  it  may  incourage  some,  but  I  leaue 
all  to  the  wisdome  of  the  honoi^ed  Courte,  and  with  my  humble 
seruice  to  yo''selfe  and  the  Deputy  Gou^'no''  and  the  Magistrates 
and  Deputies  I  rest,  Yo^  humble  servant, 

May  13th,  165L  John  Wenthrop. 

Whereas,  in  this  rocky  country,  amongst  these  mountaines 
and  stonyc  hills,  there  are  probabillities  of  mynes  of  mettalls 
and  mineralls,  the  discouery  whereof,  may  bee  for  the  great 
benefitt  of  the  country,  in  raising  a  staple  comodily ; — and 
whereas,  John  Wenthrop  Esq""  doth  intend  to  bee  at  charge 
and  adventure  for  the  search  and  discouery  of  such  mynes  and 
mineralls  ;  for  the  incouragement  whereof,  and  of  any  that 
shall  adventure  with  the  said  John  Wenthrop  Esq''  in  the  said 
buisines.  It  is  therefore  ordered  by  this  Courte,  that  if  the  said 
John  Wenthrop  Esq""  shall  discouer,  sett  vppon  and  nicinteine, 
or  cause  to  be  found,  discouered,  set  vppon  and  meinteined,  such 
mynes  of  lead,  copper  or  tinn,  or  any  mineralls,  as  antimony, 
vitriall,  black  lead,  allom,  stone  salt,  salt  springs,  or  any  other 
the  like,  within  this  Jurissdiction,  and  shall  sett  vp  any  worke, 
for  the  digging,  washing,  melting,  or  any  other  operation  about 
the  said  mynes  or  mineralls,  as  the  nature  thereof  requireth, 
that  then  the  said  John  Wenthrop  Esq"",  his  heires,  associates 
p^ners  or  assignes,  shall  injoye  foreuer  the  said  mynes,  with 
the  lands,  wood,  timber  and  waters,  within  two  or  three  myles 
of  the  said  myne,  for  the  necessary  carrying  on  of  the  workes 
and  meinteining  of  workemen,  and  prouision  of  coales  for 
the  same ;  provided  it  bee  not  within  the  bounds  of  any  Towne 
allready,  or  any  perticular  persons  propriety,  and  provided  it  bee 
not  in  nor  bordering  vppon  any  place  that  shall  or  may  by  the 
Courte  bee  judged  fitt  to  make  a  plantation  of 


224  PUBLIC      RECORDS 

[19]     A  Generall  Courte  in  Hartford,  11th  qy   Septemb"", 

1651. 
John  Haynes  Esq^  Gou'^no''. 
Magistrates :     Mr.   Wells,  Capt:    Mason,  Mr.  Webster, 

Mr.  Woollcott,  Mr.  Clarke. 
Deputyes  :     Mr.   Allyn,  Mr.   Phelps,  John  Bissell,  Dauid 
Willton,  Mr.  Trott,  Sam:  Smith,  John  Demyng,  Natha- 
Dickerson,  John  Clarke,  Mr.  Tallcott,  Mr.  Westwood' 
Andr:  Bacon,  Edw:  Stebbing,  John  Bankes,  Will:  Hill, 
Thomas  Mynott,   Wm.  Beardsly,  Thomas  Judd,  Steph: 
Harte. 
It  is  ordered,  sentenced  and  decreed,  that  Mattabeseck  shall 
bee  a  Towne,  and  that  they  shall  make  choyceof  one  oftheire 
inhabitants,  according  to  order  in  that  case,  that  so  hee  may 
take  the  oath  of  a  Constable,  the  next  convenient  season. 

It  is  likewise  ordered,  that  Norvvauke  shall  bee  a  Towne 
and  that  they  prouide  an  inhabitant,  according  to  order,  who 
shall  seasonably  bee  tendred  to  take  the  oath  of  a  Constable. 

This  Courte  being  informed  by  the  Townsmen  of  Hartford 
that  John  Lord,  contrary  to  naturall  affection,  hath  withdrawne 
himselfe  from  his  wife,  and  left  her  destitute  of  a  bed  to  lodge 
on,  and  very  bare  in  apparell,  to  the  indangering  of  her  health. 
The  said  Courte  doth  herev[ppon]  order  and  giue  authority  to 
the  said  Townsmen  to  require  of  the  said  John  Lord  the  wear- 
ing apparrell  of  his  wife,  and  allso  a  bed  for  her  to  lodge  on,  and 
allso  to  search  after  the  same  in  any  place  within  this  Jurissdic- 
tion,  and  to  restore  it  vnto  her,  and  reasonable  satisfaction  shall 
bee  giuen  if  any  person  shall  bee  damnified  thereby. 

It  is  ordered  by  this  Courte,  that  the  lyne  of  the  Towne  of 
Naiiieage  shall  begin  on  the  east  side  the  great  Riuer  oppositt 
to  the  point  Mr.  John  Wenlhrop  now  liues  uppon,  and  so  to 
runn  vppon  an  east  lyne  to  Powcatuck  Riuer,  together  with  all 
the  meadow,  except  it  doth  exceed  foure  hundred  and  ten  acres. 
It  is  not  intended  that  any  pn  of  the  former  limmitts  of  the 
Towne  should  bee  abridged. 

Allso  the  Hand  commonly  called  Chippachauge,*  in  Mistick 
Bay  is  giuen  to  Capt :  John  Mason,  as  allso  one  hundred  acres 

*  Now  called  "  Mason's  Island." 


OF     CONNECTICUT.  225 

of  vpland  and  ten  acres  of  meadow  neare  Mistick,  where  hee 
shall  make  choyce. 

The  Deputyes  of  Fairefeild  haue,  according  to  order  of 
Courte  in  that  behalfe,  presented  to  the  Courte  a  list  of  theire 
names  and  estates,  w^h  in  the  Totall  amounts  to  the  smTi  of 
8895/.  3s. 

Thursday  come  seuen  night  is  appointed  by  the  Generall 
Courte  for  a  day  of  Thanksgiuing  in  all  the  Townes  in  this 
Jurissdiction. 

Vppon  petition  of  Nicholas  Olmstead,  the  Courte  frees  him 
from  traininge  vntill  further  order.     Repealed :  fol.  21. 

The  Court  is  adiourned  to  Wednesday  come  3  weekes,  after 
Lecture. 


[20]     A  Session  of  the  Generall  Courte  in  Hartford,  the 
6tii  OcTOsr,  1651. 

Edw:  Hopkins  Esq"",  Deputy. 
Magistrates :     Roger  Ludlow  Esqf,  Mr.  Wells,  Mr.  Wooll- 

cott,  Mr.  Cullick,  Mr.  Clarke. 
Deputyes:     Mr.    Phelps,   Mr.    Trott,   Mr.    Tailecoat,    Mr. 
Westwood,    Edw:    Stebbing,   Natha:  Dickerson,  John 
Bissell,  Andr:  Bacon,  John  Deming,  Sam:  Smith,  Steph: 
Harte,  Will:  Beardsly,  Will:  Hill,  John  Bankes,   Tho: 
Judd. 
This  Courte  considering   the    motion  and  request   of  the 
Townesmen  of  Hartford,  for  some  of  theire  inhabitants  to  bee 
freed  from  training  to  morrow  and  next  day,  they  doe  graunt 
and  consent  that  they  shall  haue  libberty  to  take  of  so  many 
from  theire  training  aforesaid  as  are  necessary  to  bee  imployed 
about  the  raising  of  the  worke  prepared  for  the  supporte  of  the 
great  bridge. 

This  Courte  being  informed  that  there  are  seuerall  Indians 
amongst  vs  that  are  knowne  and  may  bee  prooued  to  bee  mur- 
therers  of  the  English  before  the  Pequett  warrs,  they  doe  referr 
the  inquiry  into  the  grounds  and  truth  of  the  premisses  vnto  the 
magistrates  of  this  Jurissdiction,  and  therefore  doe  desire  that  y*> 
Goui'no'"  would  write  to,  or  seasonably  conferr  with  Capt:  Mason 


226  PUBLIC     RECORDS 

and  Thomas  Staunton,  whether  they  know  any  such  Indian, 
that  soe  they  may  bee  brought  to  condigne  punishment. 

This  Courte  hauing  considered  the  appeale  of  Thomas  Bar- 
lowe  and  Jehu  Burr,  about  the  verdict  of  the  Jury  at  the  last 
Courte  in  Stratford,  whereby  they  were  judged  to  pay  for  a 
colte  of  Leiftennant  Wheelers,  they  doe  determine  and  con- 
clude that  allthough  they  see  not  reason  to  confirme  the  full 
verdict  of  the  Jury,  yet  they  judge  it  meete  that  the  said  Bar- 
lowe  and  Burr  should  pay  to  Wheeler,  for  his  damage,  forty 
shillings. 

Mr.  Warde  and  John  Bankes  are  desired  to  gather  vp  and 
make  sale  of  any  estate  of  that  w^h  was  sometimes  Peter  John- 
sons of  Fairefeild,  and  that  they  shall  therewith  satisfie  the 
charges  of  the  nursing  of  the  childe  of  Goody  Johnson. 

Nicholas  Olmsteed,  acknowledging  to  the  Courte  that  by  seu- 
erall  irregular  expressions  in  his  petition,  hee  hath  giuen  just 
cause  of  offence  vnto  the  Courte,  manifesting  in  his  express- 
ions his  sorrow  for  the  same,  and  desiring  the  Courte  to  pass  it 
by.  They  doe  remitt  and  pass  by  his  offence ;  and  doe  order 
that  hee  shall  not  bee  freed  from  traininge  vppon  such  a  peti- 
tion, but  if  hee  shall  see  cause,  in  time  convenient,  to  present 
to  the  Courte  the  consideracon  of  his  former  good  service,  they 
shall  bee  freely  willing  to  attend  it,  and  to  allowe  him  conven- 
ient and  reasonable  incouragem* ;  the  petition  to  bee  taken  of 
from  the  fyle. 

Vppon  the  complaint  of  the  Deputies  of  Strattford  to  this 
Courte,  in  the  behalfe  of  Richard  Buttler,  against  an  Indian 
named  Nimrod,  that  willfully  killed  some  swyne  of  the  said 
Buttlers,  this  Courte  consenteth  that  Mr.  Ludlow  may  prsecute 
the  said  Indian  according  to  order  made  by  the  Comissioners 
in  that  respect. 

[21]  Whereas  vppon  the  motion  of  Mr.  Wells,  Treasurer, 
It  was  propounded  that  in  regard  hee  being  in  the  place  of  Ma- 
gistrate, doth  finde  the  execution  of  the  Treasurers  office  to  bee 
[some]  what  burdensome  for  both  together,  and  therefore  desires 
[to]  bee  eased  of  the  Treasurers  place,  w^h  this  Courte  doth 
desire  at  the  Courte  of  Election,  may  bee  attended,  and  that  they 
would  thinke  of  some  body  else  to  bee  Treasurer  in  his  roome. 

Andrew  Warde,  George  Hull  and  William  Beardsly  are  pro- 


OF     CONNECTICUT.  227 

pounded  Tor  Assistants  to  joine  with  the  magistrates  for  the 
execution  of  justice  in  the  Tovvnes  by  the  sea  side. 

It  was  ordered  that  Thomas  Staunton  should  goe  to  Narra- 
gansett  and  demaund  of  Ninigrett  40/.  for  Eltwood  Pomryes 
mare,  or  Pequoiam  to  bee  d'd  vp,  according  to  the  determina- 
tion of  the  Comissioners  in  Sept:  last.* 

William  Leawis  Junior  is  confirmed  Leiftennant,  to  order 
the  souldgers  at  Farmington  :  John  Steele  Junior,  Ensigne, 
and  Thomas  Barnes,  Serieant. 

A  letter  being  received  from  Capt:  Mason,  wherein  hee  de- 
sires, among  other  thinges,  the  advice  of  this  Courte  touching 
a  motion  propounded  by  some  ofNewHauen  interessed  in  Dil- 
laware  designe,  for  his  assistance  of  them  in  that  buisiness,  with 
some  incouragements  for  his  settling  there  ;  The  Courte  ordered 
that  answer  be  returned,  in  reference  to  the  foregoing  particu- 
lar, to  the  following  purpose  : — That  it  is  much  in  the  desires 
of  the  whole  Courte  that  hee  would  not  enterteine  thoughts  of 
remouing  his  aboade  out  of  this  Colony,  wherevnto  they  cannot 
giue  the  least  allowance  or  approbation ;  yet  if  his  owne  desire 
bee  for  the  present  service  of  that  place,  and  theire  importuni- 
ties continue  for  his  employment  there,  the  Courte  cannott 
wholy  deny  him  or  them,  the  worke  being  that  W^^  they  are 
willing  to  promoate,  but  are  content  hee  shall  attend  the  ser- 
vice for  3  months,  provided  hee  will  ingage  himselfe  to  returne 
within  that  time  and  continue  his  aboade  amonjTst  them  as 
formerly  : 

*  See  p.  27,  ante.  ''Eltweed  Pornry,  of  Windsor,  in  Connecticutt  Jurisdiction,  hauing  often 
petitioned  the  Comissioners  about  a  mare  of  liis,  wilfully  killed  by  a  Pequott  Indyan,  called  Po- 
quoiam,  soone  after  tlie  fore  mentioned  warr,  when  all  sorts  of  horses  were  at  a  high  price  ; 
concerning  which,  Mr.  Israeli  Stoughton,  General!  for  the  Massachusetts,  made  an  agreement 
with  Meyantonime,  one  of  the  principal!  Narragansett  Sachems,  with  or  under  whom  the  sayd 
Poquoiam  lined,  on  behalfe  of  the  otfendors  :**»•*»  Upon  consid- 
eration of  the  premisses,  the  Comissioners  thought  fitt  that  the  sayd  monye  be  againe  demanded 
of  Ninigrett,"  he  being  the  brother  in  law  of  Poquoiam,  and  heir  to  Miantonimo, ''  or  that  hee  de- 
liuer  Poquoiam  into  their  hands  ;  but  upon  refusal!  or  delay,  that  some  fitt  man,  duely  accompa- 
nied, be  sent,  by  order  &  direction  of  the  Government  of  Conecticutt,  to  require  it,  with  allow- 
ance of  the  present  charges,  and  if  it  be  not  forthwith  paid,  to  make  seizure  to  the  vallew  of 
401.  with  the  charges,  and  to  bring  it  away  with  them  ;  and  hereof  che  Narraganset  Indians  now 
pr'sent  were  willed  to  informe  Ninigrett ;  onely,  if  after  such  payment  or  seizure,  Vncas  or 
Wequash  Cooke  shall  by  intertaining,  pr'tecting  or  concealing  Poquoiam,  hinder  Ninigrett  from 
recouering  the  same  of  him,  in  such  case  the  said  40/.  shall  be  accounted  due  and  be  required 
from  them  or  either  of  them."     [Records  of  U.  Colonies,  Sept.  1C51.1 


228  PUBLIC     RECORDS 

The  Courte  hath  allso  spoken  with  Leiftennant  Bull,  about  the 
land  at  Nihantecutt,  laid  out  to  him  and  others  with  him,  who 
hath  promised  to  conferr  with  Vncas  and  indeuo"^  to  giue  him 
reasonable  content  and  satisfaction,  in  reference  to  the  prem- 
isses, wct  if  they  shall  not  answerably  attend,  then  vppon  in- 
formation the  Courte  will  take  further  consideracon  thereof,  in 
seasonable  time.  And  whereas  hee  certifies  in  his  letter  that 
hee  is  not  satisfied  in  Saquassens  being  exalted  vnder  our  power 
to  great  Sachemship,  this  Courte  declares  that  they  doe  not 
know  of  any  such  thinge,  neither  doe  they  or  shall  they  allowe 
or  approoue  thereof.* 

[22]  Mr.  Webster  and  Mr.  Cullick  are  desired  to  take  an 
accot  of  the  Treasurer  of  the  debts  of  the  Country,  and  how 
the  last  Country  Rate  is  dissbursed,  and  present  the  same  to  the 
next  session  of  the  Generall  Courte. 

It  is  ordered,  that  Mattabeseck  and  Norwauke  shall  bee  rated 
this  p^'sent  yeare  in  theire  proporcon,  according  to  the  rule  of 
rating  in  the  Country,  for  theire  cattle,  and  other  visible  estate, 
and  that  Norwaack  shall  present  to  Mr.  Ludlow,  and  Mattabe- 
seck to  Mr.  Wells,  in  each  Towne  one  inhabitant,  to  bee  sworne 
by  them.  Constables  in  theire  seuerall  Townes. 

It  is  ordered  by  this  Courte  that  Wednesday  next  come  fort- 
night, there  bee  a  day  of  fasting  and  humilliation  throughout 
this  Jurissdiction,  for  and  in  consideracon  of  some  diseases  or 
infection  that  is  among  o"^  neighbors  &  freinds  of  the  Massa- 
chusetts, as  allso  for  and  concerninge  the  affaires  of  o^  natiue 
country,  and  pi^sperity  of  the  Gospell  of  Jesus  Christe. 

*  At  a  meeting  of  the  Commissioners,  in  September,  "  Uncas  complained  that  Sequassensome 
yeares  since,  as  is  well  knowne,  began  hostile  acts  upon  him,  to  the  disturbance  of  the  publique 
peace,  whereupon  he  was  occasioned  to  fight  him  and  in  the  issue  ouercame  him  and  conquered 
his  country,  which  though  he  gaue  to  the  English  and  did  not  oppose  the  favour  they  were 
pleased  to  shew  him  in  sparing  his  life,  yet  he  cannot  but  looke  upon  himselfe  as  wronged  in 
tliat  Sequassen  (as  he  was  informed,)  is  set  up  and  indeavored  to  be  made  a  great  Sachem,  not- 
withstanding he  hath  refused  to  pay  an  acknowledgm'  of  wampom  to  him,  according  to  his 
ingagements." 

"The  Commission'^s  disclaimed  any  indeavors  of  theirs  to  make  Sequassen  greate,  and  are  igno- 
rant of  what  he  affirmes  concerning  the  other,  yet  recommend  it  to  the  Gouernent  of  Con- 
ccticutt  to  examine  the  case,  and  to  p'vide  that  upon  due  proofe  Vncas  may  bee  owned  in  what 
shall  bee  just  and  equall,  and  Mr.  Ludlow  was  intreated  to  promote  the  same."  [Rec.  ofU 
Colonies.] 


OF     CONNECTICUT.  229 

£       S. 

Hartford  estate  was  presented  to  this  Courte  to  bee  22404:19. 
Wyndsor,  .....   15435: 

Wethersfeild,  ....         12748: 

Farmington,         .....  04741: 
Seabrooke,     .  .  .  .  .04150: 

Fairefeild,  .....  08895:3 

Strattford,     .....         07118:8:6(/. 


75492:10:6 


It  is  ordered,  that  warrants  shall  goe  out  from  the  Treasurer 
for  a  whole  rate,  and  that  euery  person,  according  to  the  order, 
to  bee  rated  at  25.  Yid.  pf  head,  shall  bee  brought  downe  to  18d. 
pf  head  ;  the  whole  rate  to  bee  paid  ^  in  wheat,  and  ^  in  pease, 
and  ^  in  good  peage  or  Indian. 

The  Courte  is  adiourned  to  the  first  Wednesday  in  Decemb'' 
next. 


[23]     A  Session  of  the  Generall  Courte,  the  3^  day  of 
Decemb^,  1651. 

John  Haynes  Esq'',  Gou'^no''. 

Magistrates :     Mr.  Woollcott,  Mr.  Webster,  Mr.  CuUick. 

Deputyes  :     Mr.   Phelps,  Mr.  AUyn,  Mr.  Tailecoat,  Mr. 

Westwood,   Edw:  Stebbing,   Natha:  Dickerson,  Andr: 

Bacon,  John  Bissell,  John  Demyng,  Steph:  Harte,  The: 

Judd. 

The  Courte  is  adiourned  to  the  first  Tuesday  in  March  next, 

by  ten  a  clock  in  the  morninge. 


[24]     A  Session  of  the  Generall  Courte,  in  Hartford,  the 
2d  OF  March,  1651-52. 

John  Haynes  Esq"",  Gournc". 

Magistrates :     Mr.  Wells,  Capt:  Mason,  Mr.  Woollcott, 

Mr.  Webster,  Mr.  CuUick,  Mr.  Clarke. 
Deputyes :     Mr.  Tailecoat,  Mr.   Phelps,  Mr.  Allyn,  Mr. 

Westwood,  Edw:  Stebbing,  Natha:  Dickerson,  Dauid 
21 


230  PUBLIC      RECORDS 

Willton,  John  Bissell,  Sam:  Smith,  Andrew  Bacon,  John 
Deming,  Steph:  Harte,  Tho:  Judd. 
This  Courte  orders,  that  the  Treasurer  shall  pay  vnto  John 
Cullick  the  smTi  of  thirty  two  pounds  nineteene  shillings,  out  of 
the  Country  Rate  pay,  allready  graunted  and  next  to  bee  col- 
lected, w^^  is  for  so  much  the  Country  is  indebted  to  Edward 
Hopkins  Esq' ;  the  pay  to  bee  made  in  Corne  :  if  any  wampum 
bee  paid,  it  is  to  bee  with  so  much  allowance  as  shall  make  the 
wampum  as  good  as  corne. 

This  Courte  considering  John  Clarks  bill  of  Countryes 
charges,  they  doe  conclude  and  order  that  the  Treasurer  shall 
not  pay  him  for  the  workmens  diett  aboue  six  shillings  a  weeke 
for  one  man. 

This  Courte  orders  that  the  Treasurer  shall  pay  to  Richard 
Goodman  and  John  Pratt,  for  the  carrying  on  of  the  necessary 
worke  about  the  prison  howse,  out  of  the  next  Rate,  thirty 
pounds  in  such  pay  as  the  Rate  is  to  bee  paid  in  this  Towne. 

Thomas  Bull  and  others  in  the  behalfe  of  the  rest,  hauing  re- 
signed vp  to  the  Courte  one  hundred  acres  of  the  grounds  laid 
out  at  Niantecutt  to  them,  of  that  parte  thereof  w^h  lyes  next 
to  Seabrooke,  w^h  said  hundred  acres  the  Courte  graunts  lib- 
berty  to  the  Indians  that  formerly  posessed  and  planted  the 
same,  to  posess  and  plant  for  the  future,  so  long  as  they  carry 
peacably  and  justly  towards  the  English ; 

This  Courte  graunts  to  the  said  Thomas  Bull  and  the  rest  of 
the  fine  of  Capt:  Masons  souldgers,  that  they  shall  haue  two 
hundred  acres  of  that  vpland  w<=h  lyes  northward,  next  adioyn- 
ing  to  the  remainder  of  land  allready  laid  out  to  them,  w^h  they 
accept  in  full  satisfaction  for  the  hundred  acres  they  haue  re- 
signed as  before. 

The  Courte  is  dissolued. 


[25]     A  Generall  Courte  of  Election   in   Hartford,  the 
20th  May,  1652. 

Magistrates  elected : 
Edward  Hopkins  Esqs  Gou^nor. 
John  Haynes  Esq*",  Deputy. 


OF      CONNECTICUT.  231 

Roger  Ludlow  Esq>-,  John  Wenthrop  Esq^  Mr.  Wells, 
Capt:  Mason,  Mr.  Webster,  Mr.  Woollcott,  Mr.  Cullick, 
Sec\,  Mr.  Clarke,  Mr.  Howell,  Mr.  Tapping. 
Mr.  Tailecoate,  Treasurer. 

Deputyes :     Mr.  Phelps,  Mr.  Steele,  Mr.  Tailecoat,  Mr. 
Warde,   Mr.  Gayler,  Mr.  Westwood,   Mr.  Trott,    Mr. 
Parkes,  Edw:  Stebbing,  Natha:  Dickerson,  Andr:  Bacon, 
John  Deming,  John  Bissell,  Tho:  Coleman,  Dauid  Will- 
ton,  Will:  Hill,  Will:  Beardsly,  Dan:  Titterton,  John 
Clarke,  Tho:  Chapman,  Hugh  Calkin. 
This  Courte  there  was  made  free, — Robert  Lockwood,  John 
Tailecoat,   Tho:  Whittmore,   Tho:  Allyn,   Tho:   Bissell,   John 
Hossford,  John  Bissell,  Will:  Beamunt,  Will:  Waller. 

This  Courte  hauing  duely  weighed  and  considered  the 
grounds  of  John  Coopers  appeale  to  the  same,  in  reference  to 
the  verdict  of  the  Jury  at  Southampton  in  the  tryall  betweene 
Mr.  Stanborough  plaintifFe,  and  John  Cooper  senior,  defend*, 
they  finde  and  hereby  doe  declare  that  the  said  John  Cooper 
had  just  ground  and  cause  so  to  appeale  ;  allso,  this  Courte, 
considering  the  bill  presented  to  them  of  Cooper  to  Peter  Tall- 
man,  Dutchman,  and  assigned  by  him  to  Stanborough,  accord- 
ing to  the  euidence  giuen  in,  they  find  that  it  was  not  an  au- 
thentique  bill. 

Whereas,  by  an  order  in  this  Coinon  wealth,  there  is  to  bee 
a  perticular  Courte  in  Hartford  the  day  before  the  two  stand- 
ing Generall  Courtes,  in  May  and  Septemb""  in  each  yeare,  this 
Courte  finding  seuerall  inconueniences  that  followes  therevppon, 
doe  hereby  order  that  the  aforesaid  perticular  Courtes  shall  bee 
kept  in  Hartford  aforesaid  vppon  the  second  day  before  the  said 
each  standing  Generall  Courte,  instead  of  the  former,  and  that 
the  said  perticular  Courtes  now  ordered  shall  bee  ended  before 
each  Generall  Courte. 

This  Courte  considering  the  grounds  of  the  seizure  of  the  ves- 
sell  and  goods  of  Oulsterman,  at  Fairefeild,  Dutchman,  by  John 
Cable  and  some  others  with  him,  the  parties  on  both  sides  haue 
left  themselues  with  submission  to  the  judgm*  of  the  said  Courte, 
in  reference  to  the  premisses,  they  doe  order  that  the  said  Dutch- 
man shall  pay  to  the  seizors  the  sum  of  fine  pounds,  and  all 
theire  reasonable  costs  and  charges  therevppon,  w^h  being  done, 


232  PUBLIC      RECORDS 

then  the  said  seizors  are  to  dehuer  vp  to  the  said  Dutchman 
the  whole  estate,  both  in  vessell  and  goods  seized  as  aforesaid. 
[26]  This  Courle  orders  that  Nathaniell  Rescue  shall  bee  paid 
fine  pounds  more  with  the  Goody  Johnsons  childe,  accordinge 
to  her  promise  to  him,  hee  hauing  ingaged  himselfe  to  meinteine 
and  well  educate  her  sonne  without  any  further  demaund  of 
charges  either  of  her  or  the  Country. 

Whereas,  vppon  the  motion  of  the  inhabitants  of  Seabrooke, 
It  was  desired  that  a  certeine  comon  feild  by  mutuall  consent 
is  concluded  to  bee  fenced  proporconably,  and  it  so  falls  out 
that  the  said  fence  cannot  goe  on  comfortably  except  the  Right 
WorshippfuU  Geo:  Fenwick  EsqJ^  doth  joine  in  proporcon,  by 
reason  of  some  accomodacon  that  belongs  vnto  him,  w<=h  will 
necessarily  fall  in  within  the  fence,  and  it  hath  beene  obiected. 
by  Capt;  Cullick,  the  said  Mr.  Fenwicks  agent,  that  the  same 
will  bee  but  little  beneficiall  to  the  said  Mr.  Fenwick,  and  there- 
fore conceiues  that  the  said  Mr.  Fenwicke  is  not  bound  to  it ; 
yet  by  reason  (as  the  inhabitants  plead)  the  said  Mr.  Fenwicks 
land  within  the  said  fence  will  bee  benefitted  thereby,  the 
Courte  therefore,  taking  into  consideration  the  premisses,  doe 
thinke  fitt  that  there  shall  bee  a  Comittee  appointed,  whoe 
vppon  veiw  of  the  said  land  shall  certefie  what  benefitt  the  said 
Mr.  Fenwick  or  his  agent  or  tennants  shall  bee  advantaged 
thereby,  as  the  rest  of  the  inhabitants.  The  Courte  makes  no 
doubt  but  Mr,  Fenwick  or  his  agent  will  bee  willing  to  allowe 
proportionable  fencing  for  it,  w^h  if  it  bee  refused,  the  Courte 
will  advise  further  in  it. 

Whereas  the  Courte  hath  taken  into  consideration  the  great 
abuse  that  is  crept  into  this  Jurissdiction,  by  the  vnliinitted  ex- 
amination of  witnesses  before  the  Magistrate  in  the  outward 
plantations,  betweene  party  and  party,  sometime  before  any 
action  in  Courte,  or  process  serued  before  any  declaration.  It  is 
therefore  ordered,  that  if  any  that  liue  in  remoate  plantations 
will  cause  any  that  mutually  liue  together  in  the  said  remoate 
plantations  to  answer  them  at  the  Courte  in  Hartford  (seinge 
there  bee  ordinary  Courtes  in  the  said  plantations,  to  try  all  ac- 
tions betweene  party  and  party,)  and  therefore  if  any  will  drawe 
his  adverse  party  to  Hartford,  or  to  the  Courte  at  Connecticutt, 
hee  shall  bee  a  meanes  to  pi^ciuce  his  wittnesses  to  the  said 


OF     CONNECTICUT.  233 

Courte  viva  voce,  and  not  to  examine  any  before  any  magis- 
trate before  the  tryall,  except  in  a  speciall  case  of  impotent 
wittnes  or  transient  wittnes  that  is  goinge  out  of  the  Jurissdic- 
tion,  and  in  that  case  the  Magistrate  may  in  discretion  examine 
and  certefie  in  silence  to  the  Courte  what  is  examined,  and  in 
noe  other  case. 

Forasmuch  as  the  Courte  was  this  day  informed  there  is  a 
necessity  that  in  the  plantations  of  Fairefeild  and  Strattford  that 
there  should  bee  some  joined  as  Assistants  to  the  Magistrate  or 
[27]  Magistrates  in  the  said  plantations,  ||  whereby  they  may 
bee  inabled  to  keepe  a  Courte  within  the  said  plantations 
according  to  the  combin[acon,]  whoe  are  to  bee  sworne  before 
a  Magistrate,  whoe  are  to  stand  for  one  yeare  or  the  next  Courte 
of  Election ;  It  is  therefore  ordered,  that  the  said  plantations 
shall  or  may  meete  in  a  convenient  time  at  theire  said  planta- 
tions, and  elect  such  as  they  see  meete  to  bee  Assistants  as 
aforesaid,  whoe  are  to  bee  sworne  before  a  Magistrate,  and  are 
capeable  to  the  intent  aforesaid. 

Vppon  the  petition  of  the  inhabitants  of  the  Towne  of  Pe- 
quett,  that  by  reason  of  the  newnes  of  the  saide  plantation, 
there  is,  and  likely  to  bee  some  defect  of  corne  for  theire  neces- 
sary provision,  notw^^standing  there  bee  Indian  corne  enough 
in  the  place  where  the  plantation  is  seated  to  furnishe  the  in- 
habitants thereof,  if  the  corne  were  not  traded  by  some  perticu- 
lar  persons  that  conuey  away  the  corne,  and  the  inhabitants 
remaine  vnfurnished;  It  is  therefore  thought  meete  and  so  or- 
dered, that  the  inhabitants  shall  bee  first  serued  before  the  Corne 
bee  traded  or  carried  forth  out  of  the  Riuer  :  this  order  to  stand 
in  force  vntill  Novemb''  come  twelue  month. 

Mr.  Ludlow  and  Mr.  Cullick  are  chosen  Comissioners  for  the 
yeare  ensuing. 

The  Courte  is  adiourned  to  the  last  Wednesday  in  June  next 
in  the  afternoone. 


21* 


234     •  PUBLICRECOKDS 

[28]     A  Session  of  the  Generall  Courts,  in  Hartford,  the 
SQtii  OF  June,  1652. 

John  Haynes  Esq"",  Deputy. 

Magistrates :     Mr.  Woollcott,  Mr.  Webster,  Mr.  Cullick, 

Mr.  Clarke. 
Depuiyes:      Mr.  Tailecoat,  Mr.  Phelps,  Mr.  Trott,  Mr. 
Westwood,  Dauid  Willton,  Edw:  Stebbing,  John  Bissell, 
Nath:  Dickerson,  Andr:  Bacon,    Tho:  Coleman,  John 
Deming. 
This  Courte,  at  the  request  of  Mr.  Deputy,  doe  graunte  that 
hee  shall  haue  three  hundred  acres  pf  ground,  meadow  and 
vpland,  for  a  farme  lyhige  together  on  the  east  side  of  a  certeine 
Coue  at  Paucatuck  where  Pequett  bounds  ends,  and  abutting  in 
parte  or  whole  vppon  the  said  Coue. 

Thomas  Lord,  hauing  ingaged  to  this  Courte  to  continnue 
his  aboade  in  Hartford  for  the  next  ensuing  yeare,  and  to  im- 
proue  his  best  skill  amongst  the  inhabitants  of  the  Townes 
vppon  the  Riuer  within  this  Jurissdiction,  both  for  setting  of 
bones  and  otherwise,  as  at  all  times  occassions  and  necessityes 
may  or  shall  require ;  This  Courte  doth  graunt  that  hee  shall 
bee  paid  by  the  Country  the  sum  of  fifteene  pounds  for  the  said 
ensuing  yeare,  and  they  doe  declare  that  for  euery  visitt  or 
journye  that  hee  shall  take  or  make,  being  sent  for  to  any  howse 
in  Hartford,  twelue  pence  is  reasonable  ;  to  any  howse  in 
Wyndsor,  fine  shillings  ;  to  any  howse  in  Wethersfeild,  three 
shillings ;  to  any  howse  in  Farmington,  six  shillings ;  to  any 
howse  in  Mattabeseck,  eight  shillings  ;  (hee  hauing  promised 
that  hee  will  require  no  more ;)  and  that  hee  shall  bee  freed  for 
the  time  aforesaid  from  watching,  warding  and  training ;  but 
not  from  finding  armes,  according  to  lawe. 
The  Courte  is  dissolued. 


[29]     A  Generall  Couete  in  Hartford,  the  second  Thurs- 
day OF  September,  being  [the]  9*^^  day,  1652. 
John  Haynes  Esq"",  Deputy. 

Magistrates:     Mr.  Webster,  Mr.  Wells,   Mr.  Woollcott, 
Mr.  Clarke. 


OF     CONNECTICUT.  '         235 

Deputy es :  Mr.  Tailecoat,  Mr.  Steele,  Mr.  Westwood, 
Andr:  Bacon,  Will:  Wadsworth,  Steph:  Harte,  Mr. 
Trott,  Nath:  Dickerson,  Tho:  Coleman,  John  Deming, 
Mr.  Phelps,  Mr.  Gaylerd,  Dauid  Willton,  John  Bissell, 
Mr.  Horsford,  Will  Smith,  Will:  Parker,  Robert  Chap- 
man. 

The  Coiirte  being  mett,  they  did  adiourne  the  same  to  the  Q^^ 
of  the  next  month. 


[30]     A  Session  of  the  Generall  Courts  in  Hartford,  the 
6tii  OF  October,  1652. 
John  Haynes  Esq'',  Deputy. 
Magistrates :     Mr.  Wells,  Mr.  Woollcott,  Mr.  Webster 

Mr.  Cullick,  Mr.  Clarke. 
Deputyes:     Mr.    Phelps,   Mr.   Gaylerd,   Mr.   Trott,   Mr. 
Tailecoat,  Mr.  Westwood,  Jo:   Bissell,  Tho:  Coleman, 
Natha:  Dickerson,  Will:  Hill,  John  Deming,  Andr:  Bacon, 
Will:  Wadsworth,  Will:  Smith. 

This  Courte  orders  and  appoints,  that  next  Wednesday  come 
seuennights  shall  bee  kept  apublique  day  of  thanksgiuing  to  the 
Lord  for  his  great  mercyes  to  his  people  here  and  elsewhere,  by 
all  the  plantations  within  this  Jurissdiction. 

It  is  ordered,  that  notice  shall  bee  giuen  to  the  Sachems  of 
the  Indians  within  this  Jurissdiction,  that  no  Indian  shall  walke 
or  come  neare  vnto  or  amongst  any  English  mens  howses,  in 
Townes  or  Farmes,  on  either  side  of  the  Riuer,  or  elsewhere, 
vppon  the  Lords  day,  except  it  bee  in  theire  necessary  way  of 
recourse  to  the  publique  preaching  of  Gods  word,  vppon  penalty 
of  fyne  or  imprisonment,  as  any  one  Magistrate  or  more,  before 
[whorn]  such  ofFendors  shall  bee  brought,  shall  judge  meete,  and 
as  the  nature  of  theire  fact  shall  appeare  to  him  or  them  to  de- 
serue. 

This  Courte  desires  Mr.  Hill  to  acquaint  the  inhabitants  of 
Norwaack  that  they  require  them  to  giue  their  reasons  why  they 
haue  not  sent  deputyes  to  the  Generall  Courte  nor  made  returne 
of  the  warrant  sent  to  them  for  that  end,  and  that  neuertheless 


236         *  PUBLICRECORDS 

the  Courte  expects  that  they  should  forthwith  make  and  returne 
to  Mr.  Ludlow  a  true  and  perfect  Liste  of  the  persons  and  es- 
tates in  theire  Towne,  that  a  due  proportion  of  all  Comon 
charges  may  be  borne  by  them,  with  the  other  Townes  in  this 
Jurissdiction. 

It  is  ordered,  that  warrants  shall  goe  forth  from  the  Treasur- 
er for  halfe  a  Rate  for  the  Country,  according  to  the  order  of 
rating,  to  bee  paid  ^  in  wheat,  ^  in  pease  and  ^  in  Indian ;  wheat 
at  foure  shillings,  pease  at  three  shillings,  and  Indian  at  two 
shillings  sixpence,  p^  bushell. 

The  estates  and  persons  of  the  seuerall  Townes,  presented  to 
this  Courte,  were  as  followeth  : — 

£        s.    d.  £         5.    d. 

Hartford,         19733.   19.  0.         Seabrooke,  03630.  00.  0. 

Wyndsor,        14093.  00.  0.         Strattford,    07040.  19.  0. 

Wethersfeild,  1 1499.  00.' 0.         Fairefeild,    08850.  15.  0. 

Farmington,  05164.  00.  0. 

70011.   13.  0. 

The  Courte  is  adiourned  to  the  last  Wednesday  in  Feb""  next, 
in  the  afternoone. 


[31]     A  Session  of  the  Generall  Courte,  called  by  the 
Deputy  Govenor,  in  Hartford,  the  24'^^  Febr.  1652. 
John  Haynes  Esq^,  Deputy. 
Magistrates :     Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott, 

Mr.  Cullick,  Mr.  Clarke. 

Deputyes:     Mr.    Talcott,   Mr.  Phelps,   Mr.   Steele,  Mr. 

Westwood,  Mr.  Gayler,  John  Bissell,  Dauid  Willton, 

Nath:  Dickerson,  Tho:  Colman,  Andr:  Bacon,  Stephen 

Harte,  Will:  Smith. 

Vppon  a  due  consideratyon  of  the  scarsity  of  prouisions  in 

some  of  the  Plantatyons  within  this  Jurisdictyon,  diuers  persons 

already  finding  they  are  not  sufhtiently  furnished  with  corne, 

flesh,  etc.  to  carry  on  their  family  occasyons  till  the  ordinary 

yearly  season  for  supplyes  comes  about,  It  is  ordered  by  this 

Courte  that  noe  person  or  persons  of  what  calling  or  quallity  so 

euer  within  this  Jurisdictyon  or  any  Plantatyon  theirof,  doe 


OF      CONNECTICUT.  '       237 

either  directly  or  indirectly  ship,  put  off,  transport,  carry,  send 
or  otherwise  conuey  out  of  this  Jurisdictyon,  upon  or  under 
any  pretence  or  coler,  plea  or  reason  whatsoever,  any  quantity 
greater  or  smaller,  of  wheat,  rye,  pease,  Indyan  corne,  mault, 
biskett,  or  any  other  graine  or  the  p^'cedd  of  it,  or  beefe,  porke, 
bacon,  butter,  cheese,  or  any  the  like  provisions  for  meate  or 
drink,  before  the  last  of  March  next,  or  the  next  Session  of  this 
Courte,  which  is  to  be  in  Aprill  next,  without  the  license  of  the 
Deputy  Govenr,  Mr.  Wells  &  Mr.  Webster,  or  either  of  y™ 
with  the  Deputy,  under  pen'ty  of  forfiture  of  the  doble  value, 
who  are  desired  in  the  meane  time  to  consider  of  some  way  how 
those  p^sons  that  are  like  to  want  may  be  supplyed.  Advise 
also  is  to  be  sent  to  the  former  plantation  excepted,  that  it  may 
be  of  vse  to  them  to  attend  the  foresaid  order. 


[32]     A  Session  of  the  Generall  Courte  in  Hartford,  the 
23  of  Feb:  1652. 

John  Haines  Esq"",  Deputy. 

Magistrates :     Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott, 

Mr.  Cullick,  Mr.  Clarke. 
Deputijes:     Mr.   Tailcott,    Mr.  Steele,  Mr.  Phelps,   Mr. 
Gaylerd,  Mr.  Trott,  Dauid  Wilton,  John  Bissell,  Andr: 
Bacon,  Nath:  Dickerson,  Steephen  Harte,  Will:  Wads- 
worth,  Tho:  Coleman,  Mr.  Westwood. 
Wethersfeild  hauing  presented  Rich:  Trott  to  bee  chosen 
Ensigne  to  the  trained  band  in  that  towne,  this  Courte  declares 
that  they  approue  of  the  choyse  &  conferme  him  in  that  place. 
This  Courte  considering  John  Lattimors  loss  in  his  horse 
that  dyed  in  the  Bay,  being  not  willing  that  the  whole  loss 
should  lye  upon  him,  they  are  willing  to  allow  him  out  of  the 
publick  treasury  the  sum  of  fifteen  pounds  towards  his  horse  & 
hire,  which  hee  thankfully  accepted  in  the  Courte. 

This  Courte  being  willing  to  attend  all  the  wayes  of  Gods 
P^vidence  for  the  preservatyon  &  safty  of  the  plantatyon  of 
Sebrooke,  with  all  other  within  this  Jurisdictyon,  according  to 
the  power  &  means  that  is  in  their  hands,  doe  order  that  six  of 
the  greate  guns  at  Seabrooke  shall  forthwith,  &  with  all  possible 


238  PUBLIC     EECORDS 

speede,  be  layd  up  &  fitted  compleatly  vppon  able  carriages  for 
the  servis  &  defence  of  the  said  place  &  jurisdictyon  at  all 
times,  as  neede  shall  require,  &  doe  allsoe  desire  Cap*  John 
Mason  to  see  the  premisses  effected,  and  for  that  end  they  doe 
impowre  him  to  call  forth  men  &  meanes  sutable,  &  upon  refu- 
sall  to  press  such  hands  &  other  meanes  that  shall  be  needfull ; 
and  Tho:  Traisy  &  Jonath:  Rudd  are  desired  to  be  assistant  to 
Cap:  John  Mason  in  what  is  now  desired  of  him;  the  charges 
of  all  which  shall  be  payd  out  of  the  publique  Treasury. 

This  Courte  judges  the  Deputyes  actyon  in  marring  Jeames 
Wakely  &  the  Widdo  Boosy  to  be  legall. 

The  Courte  is  adiourned  to  the  second  Thursday  in  Aprill 
next,  in  the  morning. 


[33]  A  Session  of  the  Generall  Courte  in  Hartford,  the 
14  Aprill,  1653. 

Mr.  Haynes  Esq"". 

Magistrates:  Mr.  Wells,  Mr.  Webster,  Mr.  Woolcott, 
Mr.  CuUick,  Mr.  Clarke. 

Deputyes  :  Mr.  Phelps,  Mr.  Gayler,  Mr.  Steele,  Mr.  Tail- 
coat, Mr.  Westwood,  Mr.  Trott,  Jo:  Bissell,  Nath:  Dick- 
erson,  Dauid  Wilton,  Tho:  Colman,  Andr:  Bacon,  Will: 
Wodsworth,  Steephen  Harte,  John  Demyng,  Will: 
Smith. 

It  is  ordered  that  there  shall  bee  speedyly  sent  downe  to 
Capt:  Mason  for  the  use  of  the  Cuntry,  as  occasion  pi"sents,  for 
the  present  one  barrill  of  powder  ;  and  that  one  barrill  more  of 
powder  from  the  Bay  shall  bee  left  there,  when  they  come  up, 
&  w*  else  shall  be  thought  meete  by  Mr.  Ludlow  &  Mr.  Cul- 
lick ;  it  is  allso  ordered  that  8  able  men  shall  be  imp^ssed  out  of 
the  Townes  upon  the  Riuer,  with  compleate  armes  &  sent  to 
Sebrooke  to  bee  at  the  command  of  Cap*^.  Mason,  for  the  saruis 
of  the  Cuntry  &  defence  of  the  place,  by  fortefying  or  otherwise 
at  the  Cap:  descretion  ;  and  this  Courte  doth  farther  advise  the 
inhabytants  of  Seabrooke  that  are  scattered  into  severall  quar- 
ters, that  they  would,  till  they  rec'e  farther  advice,  speedily 
gather  their  familyes  togeather  in  to  the  towne  as  they  tender 


OF      CONNECTICUT.  239 

theire  own  safty ;  &  if  any  shall  refuse  to  attend  the  Courts  ad- 
vice, they  are  to  know  that  they  must  runn  their  own  hazzards, 
the  Courte  not  being  able  to  releiue  them  in  such  a  scattered 
way  as  now  they  are  in.* 

Mr.  Haines  is  desired  to  send  downe  to  Capt.  Mason,  for  the 
Corssletts  that  belong  to  the  Townes,  to  be  speedily  sent  up  to 
the  Treasurer. 

It  is  ordered  that  this  Collonye  should  haue  its  proportion  of 
the  whole  millitary  p^uision,  in  all  respects,  &  perticulars  sent 
from  the  Corporatyon  of  Eng:  to  the  vnited  Colonyes.f 

It  is  ordered  by  this  Courte  that  all  fynes  &  peanalties  of  any 
order,  within  this  Commonwealth,  shall  be  paid,  from  the  time 
of  the  publicatyon  hereof,  in  good  wheate  or  pease  or  Indyon 
corne,  at  price  currant,  or  in  that  which  is  equiuolent  thereunto. 

This  Courte  upon  a  due  consideratyon  of  the  seizure  of  Sy- 
mon  Yeosens  vessell,  at  Pawcatuck,  by  seuerall  of  the  inhabit- 
ants of  Pequett,  doe  finde  &  judge  that  by  his  owne  confession 
&  other  testimonys  pi'sented  in  Courte,  according  to  the  order 
of  Courte  in  that  case  pi'vided  that  forbids  all  trade  by  forreign- 
ers  with  any  Indyons  within  this  Jurisdictyon,  uppon  penalty  of 
confisscation,  as  by  the  said  order  more  fully  appears,  the  said 
vSymon  Yeosens  vessell  &  goods  aforesaid  to  be  justly  seized  & 
forfited  to  this  Common  wealth,  out  of  which  the  Courte  allowes 
him  six  pounds  in  wampom,  togeather  with  his  bedding  &  war- 
ing apparrell  &  chest. 

*  "  The  commencement  of  hostilities,  the  last  year,  between  England  and  Holland,  the  perfidi- 
ous management  of  the  Dutch  Governor,  with  apprehensions  of  the  rising  of  the  Indians,  spread 
a  general  alarm  throngh  the  colony."    (Trumbull's  Hist,  of  Conn.  I  201.) 

t"The  Commissioners  being  informed  that  the  Corporation  in  England  had  sent  a  percell  of 
armes  and  ammunition,  as  a  supply  &  for  the  convenyency  of  the  Vnited  Colonyes,  did  order 
that  the  same  should  be  devided  as  follow''' : 

£       s.  d.  £      s.   d. 

To  the  Massachusetts,  234.    8.  3;  which  at  4(Z.  per  shill :  is  309.  17.    8. 
To  Plymouth,  43.    6.  3;   wch  at  4</.  per  shill :   is     57.  14.  10. 

To  Conecticutt,  45.     5.  2;  wch  at  4d.  pershill:    is     60.     6    10. 

ToNewHauen,  37.  13    0;    wch  at  4rf.  per  shiU :    is     50.     4.     0. 


358.  12.  8.  478.     3.     4. 

For  these  supplies  payment  was  to  be  made  by  such  of  the  Colonias  as  should  receive  their 
proportions,  within  one  or  two  months  thereafter,  and  the  amount  received  was  to  be  appropria- 
ted "  for  the  use  of  the  Indians,  as  the  Commissioners  for  the  Vnited  English  Colonyes  shall  from 
time  to  time  direct."     [Records  of  U.  Colonies,  May,  1653.J 


240  PUBLIC     RECORDS 

It  is  ordered  and  agreed  by  this  Courte,  yt  Cap*:  Jolin  Cul- 
lick  should  reserve  for  the  Countrys  use,  300  bush:  of  wheate  & 
50  bush:  of  pease ;  &  the  Cuntry  is  to  pay  forbearance  8/.  p"" 
centum  for  one  yeare  &  to  repay  it  at  the  end  of  the  tearme,  in 
the  same  grayne  ;  in  Hke  manner  is  desired  ten  barrells  of  porke 
for  the  same  use  &  tearms: 

This  Courte  orders  that  the  neighboring  Indyons  to  the  seu- 
erall  Plantatyons  within  this  Jurisdictyon  should  be  required  to 
giue  an  evident  testimonye  of  their  fidellity  to  the  English,  by 
d'd  up  their  gunns  &  other  armes  to  the  Gouenor  or  Magis- 
trates, &  those  that  refuse  so  to  doe  may  iustly  bee  deemed  & 
-looked  at  by  them  as  their  enemies :  &  that  they  are  not  to 
shoot  of  any  gunn  or  gunns  in  the  night,  or  walk  in  the  night, 
except  they  come  with  a  message  to  ye  English,  &  in  such 
cases  they  are  to  d'd  up  themselves  to  the  watch,  but  if  they 
runn  away  from  the  watch,  being  comanded  to  stand,  the  watch 
may  shoote  y^. 


[35]         May  the  18,   1653.     The  Generall  Courte. 
John  Haynes  Esqr,  Gou"'. 
Edw:  Hopkins  Esq"",  Deputy,  absent. 
Magistrates:     Roger  Ludlow  Esq"",  absent;*  John  Win- 
throp  Esq"",  Cap:  Cullick,  absent  ;*  Cap:   John  Mason^ 
Mr.  Webster,  Mr.  Woolcott,  Mr.  Clark,   Mr.  Howell,' 
Mr.  Taping,  absent. 
Deputyes :  Mr.  Steele,  Mr.  Talcott,  Mr.  Westwood,  Andr: 
Bacon,  Mr  Phelps,  Mr.  Gaylard,   David  Wilton,    John 
Bissell,  Mr.  Trott,  Nath:  Dickerson,  Sam:  Smith,    Tho: 
Coleman,  Stephen  Hart,  Mr. Ward,  Mr.  Hill,  John  Clarke, 
Rob:  Chapman,  Will:  Cheesbruck,   Hugh  Callkin,  John 
Hall  Junior,  Rich:  Olmsted,  Phillip  Graues. 
The  inhabitants  of  the  East  side  of  the  greate  Riuer  are  ex- 
empted from  training  with  the  Towns  on  the  West  side,  this 
present  time,  &  are  to  meete  on  the  East  side  as  Will:  Hill  shall 
appoint  &  traine  their  together,  and  so  to  continnue  on  theire 

*  Mr.  Ludlow  and  Capt.  Cullick  were  at  this  time  attending  a   meeting  of  the  Commission- 
ers, in  Boston. 


OF     CONNECTICUT.  241 

training  dayes  untill  the  Courte  take  furder  order  :  &  Will:  Hill 
is  to  returne  the  names  of  those  that  doe  not  meete  according 
to  appointment,  as  notis  shall  be  giuen  them. 

Tho:  Woodford  is  freed  from  watching,  during  the  plesure  of 
the  Com'te. 

Roger  Ludlow  Esq""  and  Cap'  John  CuUick  are  chosen  Com- 
missioners for  this  yeare  ensuing,  and  are  invested  with  full 
power  to  agitate  such  occatyons  as  concerne  the  vnited  CoUo- 
nyes  in  the  business  of  this  Jurisdictyon,  according  to  their  for- 
mer Commission. 

There  are  to  be  prest  out  of  this  Collony,  60  men,  besides 
officers,  which  are  to  be  p^portioned  out  of  the  severall  Towns 
pr  Mr.  Talcott  and  Sam:  Smith,  Mr.  Hill  &  Dauid  Wilton  ; 
they  are  also  to  pi'portion  for  the  p^visions  sutable  for  such  a 
servis,  for  two  months  time.* 

May  the  29*^,  1653. 

Will:  Lewis  &  Will:  Phillips  doe  acknowledg  themselues  to 
be  a  hundred  pounds  indepted  unto  this  Jurisdictyon  :  the  con- 
dition is,  that  yf  Jo":  Doyes  shall  be  of  good  behauior  to  all  peo- 
pell  within  this  Jurisdictyon  to  the  end  &  Terme  of  tenn  days 
next  ensuing,  then  this  obligatyon  is  voyd,  otherwise  to  stand 
in  force. 

Will:  Waller  is  to  deliuer  unto  John  Clarke  Junior,  of  Sea- 
brooke,  a  pair  of  carte-wheels  that  the  said  Waler  hath  now  in 
vse,  within  8  days  after  this  date,  &  the  wheeles  are  to  beaprised 
by  Francis  Bushnell,  Steeph:  Post  &  Tho:  Tracy,  &  what  the 
said  Waller  is  indepted  upon  account  unto  the  said  John  Clarke 
is  to  be  allowed  out  of  the  prices  of  the  wheels,  &  the  said  Wa- 
ler is  to  pay  unto  the  said  John  Clarke,  for  his  dammage,  30s, 
as  allso  the  cost  of  the  Courte. 

•  The  Commissioners  of  the  United  Colonies,  who  were  at  this  time  in  session  at  Boston, 
having  "considered  what  number  of  souldgers  might  bee  requisite  if  God  call  the  Collonyesto 
make  warr  against  the  Dutch.  &  concluded  that  five  hundred  for  the  first  expedition  should  bee 
the  number  out  of  the  foure  Jurisdictyons,"  apportioned  tnis  number  to  the  several  colonies  as 
follows  ;  to  Massachusetts,  333  ;  Plymouth,  60  ;  Connecticut,  65  ;  New  Haven,  42.  Captain 
John  Leverett,  of  Boston,  who  had  been  despatched  as  the  agent  of  the  Commissioners,  to  the 
Manhattoes,  to  treat  with  Gov.  Stuyvesant  and  his  Council,  was  selected  as  Commander  in 
Chief  of  the  forces  to  be  raised,  "  with  respect  to  the  opportunity  hee  now  hath  to  velw  & 
obserue  the  scituation  &  fortifycations  at  the  Monhatoes."     [Records  of  U.  Colonies.] 

22 


242  PUBLIC     RECORDS 

Capt:  Sebadoe  is  this  day  fined  tenn  pounds  for  bartring  with 
the  Indyons,  powder  &  lead. 

Forasmuch  as  John  Dawes  hath  giuen  forth  threatning,  ma- 
litious  speeches  against  Mr.  Hopkins  his  person,  for  his  execu- 
ting of  justice  (when  hee  was  Govern^,)  on  the  said  Dawes  his 
wife,  this  Courte  censures  the  said  John  Dawes  to  bannishment ; 
that  the  said  John  Dawes  shall  within  tenn  dayes  ensuing  de- 
part from  this  Jurisdictyon,  and  not  to  returne  againe  to  any 
place  within  this  Jurisdictyon  on  the  perill  of  his  life. 

[36]  The  Generall  Courte,  May  the  21,  1653. 

Searjant  Rich:  Olmsted  is  allowed  by  the  Courte  to  exercise 
the  souldiers  att  Norworke  &  to  vewe  the  armes  &  to  make  re- 
turne to  the  Courte  of  the  defects. 

Whearas  ther  is  a  difference  betwixt  Norwauke  &  Farfield, 
each  towne  is  appointed  to  send  two  men  to  vewe  the  place  and 
debate  betwixt  themselues,  &  if  they  cannot  agree  they  are  to 
make  choyce  of  two  inhabitants  of  Stratford  to  vew  the  said 
difference  with  them  &  make  returne  to  the  Courte  how  they 
finde  it,  that  so  there  may  be  an  issue  of  the  same,  they  paying 
the  sayd  Stratford  men  for  their  time.  Will:  Berdsly  and  Phil- 
lip Groues  are  appointed  by  the  Court  to  that  servis. 

The  Courte  hauing  received  order  from  the  Commissioners 
that  their  are  to  be  sixty  fine  men  to  be  prepared  forthwith*,  to 
be  at  a  day's  warning,  with  prouisions  sutable;  the  Courte  ray- 
seth  the  men  out  of  the  severall  towns  of  this  Jurisdictyon  as 
followeth,  who  are  to  be  forthwith  impressed  to  be  at  a  days 
warning  or  call,  as  also  that  sutable  pi'uisions  and  ammunityon 
shall  be  forthwith  prepared  : — 


Winser, 

12 

Wethersfield, 

8 

Pequett, 

5 

Farmington, 

3 

Mattebezek, 

1 

Seabroock, 

5 

Norwack, 

1 

Farfield, 

8 

Hartford, 

15 

Stratford, 

6—64 

The  officers  of  this  Company,  that  the  Courte  requires  to  be 
over  them  are  as  followeth  : — 

Liuetenant  Cooke  is  to  be  Commander  in  CheifFe  ; 
Liuetenant  Bull,  to  be  their  Liuetenant ; 


*  See  note  on  page  241,  ante. 


OF     CONNECTICUT.  243 

Liuetenant  Thomas  Wheeler,  of  Fairfeild,  to  be  their  En- 
signe ;  Rich:  Olmsteed,  of  Norwocke,  to  be  a  Seriant,  &  the 
other  Seriant  is  to  be  chosen  by  the  officers  of  this  Company  ; 
Hugh  Wells,  to  be  their  drummer. 

The  Courte  orders  that  there  shall  be  a  Committee  in  each 
Towne  in  this  Jurisdictyon,  with  whom  the  Constables  of  each 
Towne  shall  take  their  advice  in  the  pressing  of  men  for  this 
present  expedition.  The  names  of  the  Committee  are  as  fol- 
loweth  ;  For  Windsor,  Mr.  Woolcott,  Mr.  Chester,  Mr.  Clarke, 
Mr.  Phelps  &  Dauid  Wilton ;  for  Hartford,  Mr.  Webster,  Mr. 
West  wood  &L  Good:  Bacon ;  for  Wethersfeild,  Mr.  Wells,  Nath: 
Dickerson,  Sam:  Smith ;  for  Farmington,  Mr.  Steele,  Good: 
Harte  ;  for  Pequett,  Mr.  Wintropp  (if  at  home,)  Capt:  Denison, 
Good:  Calking  &  the  Constables  ;  for  Seabroock,  Capt:  Mason, 
[37]  Good:  Clarke  &  Good:  Chapman  ;  ||  for  Stratford,  Good: 
Groues  &  Good:  Thorenton  ;  for  Fairfeild,  Mr.  Ward  &  Will: 
Hill. 

The  Court  orders  that  the  milletary  officers  of  Stratford  shall 
remaine  as  they  ware  before  Mr.  Ludlowe  went  away,  untill 
Mr.  Ludlowe  returne  againe. 

Granted  to  John  Winthrop  Esq^,  the  trees  or  timber  of  three 
or  foure  swamps  where  he  can  finde  any  Pine,  Spruce  or  Ceder, 
or  any  other  wood  fitt  to  sawe,  &  liberty  to  cutt  any  other  tim- 
ber in  any  part  of  the  wast  lands  for  the  supply  of  his  saw 
mill. 

The  provissions  to  be  prepared  by  this  Jurisdictyon  for  the 
present  expedityon,  are  as  followeth  ;  6  bb.  of  Porke,  4  bb.  of 
Flower,  35001^  of  Bread,  4  firkins  of  Butter,  4001^^  of  Cheese, 
a  bb.  of  oat  meale,  1  ancor  of  Licquors,  2  bush:  of  salt,  a  tunn 
of  Bear,  2  hh.  of  pease. 

Richard  Lettin  complayning  that  his  deafnes  makes  him  un- 
capable  of  trayning,  &  hee  desiring  to  be  freed,  its  referred  to 
the  Townsmen  of  Fairfeild  to  consider  of  it,  &  to  free  him  if 
they  see  good  cause. 

The  Court  is  adiorned  vnto  the  last  Wensday  in  June,  at  one 
of  the  clocke,  unless  the  Govornor  see  cause  to  call  it  sooner. 


244  PUBLIC      RECORDS 

[38]     A  Session  of  the  Generall  Courte,  in  Hartford, 

CALLED  BY  THE  GoVERNOR,  THIS    25th  qf  JuNE,    1653. 

It  is  ordered  by  this  Courte  that  their  shall  forthlwithi  bee 
presented  to  the  Bay,  the  present  stresses,  fears  &  dangers  that 
the  English  bordering  vppon  the  Dutch,  both  upon  the  mayne 
&  Long  Hand,  are  in  : 

Secondly,  to  p^'sent  the  iudgment  of  the  Courte  concerning 
the  power  of  the  Comissioners  about  making  warr  : 

Thirdly,  to  present  the  reasons  &  grounds  of  the  Courtes 
judgment,  as  aforesaid  : 

Fourthly,  humbly  to  craue  that  the  designe  may  goe  on  ac- 
cording to  the  consult  of  the  Commissioners  &  therefore  that 
three  Magistrates  may  giue  a  call  to  the  Commissioners  to 
meete  in  thes  parts  for  the  managing  of  the  present  occatyons 
of  the  Collonyes,  according  to  the  Articles  of  Confederatyon. 
&  that  if  thes  things  bee  denyed,  then  in  like  manner  to  desire 
that  we  may  haue  libberty  to  gather  up  voluntiers  amongst 
them,  to  inable  us  to  promote  C  own  safty  &  effect  what  ne- 
cessarily conduces  thereunto. 

June  the  27,  1653.   ' 

Whereas  there  are  certaine  barrells  of  powder  and  ammuni- 
tyon*  that  came  out  of  the  Bay  into  this  Riuer  &  Jurissdiction 
due  to  this  Collony  from  o""  friends  in  England  for  reasonable 
pay,  it  is  therefore  ordered,  that  the  same  be  kept  intire,  not  de- 
vided,  vntill  the  expedition  now  in  hand  bee  over,  or  elce  this 
Courte  giue  other  order  to  the  contrary. 

It  is  ordered  that  Mr.  Haynes  &  Mr.  Ludlow  shall  treate 
with  Mr.  Eaton  &  o^  friends  of  New  Hauen,  boath  about  the 
ship,  as  also  what  incouraygment  to  sende  to  the  English  of 
Long  Island  &  Indyons,  as  friends. 

The  Generall  Courte  is  adiorned  untell  the  last  Thursday  in 
July,  if  in  the  meane  time  the  Governor  see  not  cause  to  call  it 
sooner. 

*  See  note,  on  page  239,  ante. 


OF     CONNECTICUT.  245 

[39]     A  Session  of  the  Generall  Couute  in  Hartford,  this 
28  of  July,  1653. 

John  Haynes  Esq'",  Governor. 

Magistrates :    Mr.  Woolcott,  Mr.  Webster,  Mr.  CuUick. 
Deputy es :     Mr.  Phelps,  Mr.    Trott,  Mr.   Tailecott,  Mr- 
Westwood,  Edw:  Stebbing,  John  Bissell,  Nath:  Dicker- 
son,  Sam:  Smith,  Andr:  Bacon,  Tho:  Coleman,  Stephen 
Harte,  John  Halls. 
This  Courte  desires  the  Governor  to  write  to  Cap*.  Mason, 
yt  hee  would  heare  y^  difference  between  James  Ellis  &  Pata- 
quack  Indyons,  &  if  hee  can,  to  end  it,  and  to  let  them  know 
from  the  Courte  that  if  hee  doe  not  end  it  they  must  come  up 
to  the  Courte. 

The  Courte  is  adiorned  to  this  day  fortnight,  at  one  of  the 
clock  in  the  afternoone. 


A  Session  of  the  Generall  Courte,  11  Aug:  1653. 

Mr.  Haynes  Esq',  Goveno'. 

Magistrates :     Mr.  Wells,  Mr.  Webster,    Mr.  WooUcott, 

Mr.  CuUick,  Mr.  Clarke. 
Deputyes:     Mr.   Gaykrd,    Mr.    Phelps,  Mr.    Trott,    Mr. 
Tailcott,  Mr.  Westwood,  Edw:  Stebbing,  John  Bissell, 
Andr:  Bacon,  Dauid  Wilton,    Sam:  Smith,  Tho:  Cole- 
man, Steph:  Harte,  Will:  Smith,  John  Hall. 
Mr.  Ludlow  &  Mr.  CuUick  are  desired  to  attend  the  next 
meeting  of  the  Commissioners  at  Boston,  in  Sep*,  next. 

This  Courte  appoints  the  Governor,  Mr.  Webster,  Mr.  Cul- 
lick  &  Mr.  TaUlcott,  as  a  Committee  to  treate  with  the  owners 
of  the  Frigott,  &  agree  with  them  for  the  use  of  the  same,  & 
to  d'd  her  up  to  them  as  soone  as  they  can. 

This  Courte  consents  that  the  Treasorer  should  receive  of 
Capt.  CuUicke,  y^  some  of  10/.  or  20/.  for  y^  Countries  vse, 
which  they  will  repay. 
The  Courte  is  dissolued. 

22* 


246  PUBLIC      EECORDS 

[40]     A  Generall  Courte  held  the  8  of  September,  1653. 
John  Heynes  Esq*",  Govornor. 

Mr.  Webster,  Mr.  Woolcott,  Mr.  Clarke,  Mr.  Welles. 
[Deputyes ;]     Mr.  Steele,  Steev:  Harte,  Mr.  Talcott,   Mr. 
Westwood,  Andr:  Bacon,   Edward  Stebbing,  Mr.  Gay- 
lard,  Dauid  Wilton,  absent;  John  Byssell,  John  More, 
Capt.  Dennison,  Good:  Chesbroock,  Andr:  Winard,  Tho: 
Morehouse,   Rob:  Webster,  Will:  Smith,    John  Clarke, 
Rob*    Chapman,   Nath:   Dickenson,  Sam:    Smith,   Mr. 
Trott,  Tho:  Coleman. 
Liuetenant  Cooke  is  allowed  fifty  acres  of  medow  in  Massa- 
coe.     This  U  Cooke  ownes  to  he  in  his  father  Ford's  improue- 
m\  at  a  Court  in  May,  Anno  '61. 

The  Courte  doth  grant  the  soulders  of  these  4  Townes  upon 
the  Riuer  and  Farmington,  one  day  for  a  Generall  Trayning 
togeather,  &  they  haue  liberty  to  send  to  Capt.  Mason  to  desire 
his  p^sence  &  to  giue  him  a  call  to  command  in  chief,  &  to  ap- 
point the  day  ;  p'uided  that  each  Towne  shall  haue  power  to 
reserue  a  guard  at  home,  for  the  safty  of  the  Townes,  as  occa- 
tyon  shall  searue. 

It  is  ordered  that  Hartford  Guard  shall  be  allowed  halfe  a 
pound  a  powder  for  a  man  upon  the  Electyon  day,  &  no  person 
is  to  desert  the  Guard  that  is  therein  lysted  but  with  liberty 
from  the  Govornor. 

The  list  of  the  persons  &  estates  in  the  several  Towns : — 
Hartford,  19749.         Norwacke,  01968. 

Windsor,  15084.         Matabezeck,  01501. 

Wethersfield,         12243.         Pequit,  03334. 

Farmington,  05157.         Fayerfield,  8822. 

Seabrooke,  04268.         Stratford,  7450.19s. 

The  Court  granteth  Mr.  Winthrope  libberty  to  improue  for 
his  own  pniculer,  ten  acres  of  grownd,  where  it  may  sute  him 
for  the  keeping  of  goats,  betwixt  this  &  Pequet,  without  the 
bounds  of  the  libbertyes  of  the  plantatyons  ;  &  likewise  he  hath 
libberty  to  finde  out  a  place  for  the  setting  up  a  saw  mill  where 
it  may  not  preiudice  the  plantatyons  or  farms  allredy  giuen  out. 
Liuetenant  Cooke  is  to  haue  50  acres  in  Massacoe,  on  boath 
sides  the  Riuer,   next  aboue  the  Fauls.     John  Bissell  is  allso 


OF     CONNECTICUT.  247 

to  haue  60  acres  on  both  sides  the  aforesaid  Riuer,  next  the 
Leiftennant. 

There  is  also  graunted  to  Tho:  Ford  50  acres  at  Massacoe, 
whereof  foure  &  forty  hath  bine  improued  by  him  by  plowing 
&  mowing  as  it  was  measured  by  Mathu:  Graunt,  bounded  by 
the  upland  south  west  &  compassed  round  by  the  Riuer,  unless 
it  be  about  30  Rodde  on  the  south  east  against  another  stripp 
of  meadow. 

There  is  fiue  pound  to  be  payd  by  the  aforesaid  partyes  to 
the  Tresurer,  which  was  formerly  disbursed  by  the  Country. 

It  is  desired,  that  Mr.  Woollcott  &  Mr.  Clarke  should  dispose 
of  the  remainder  of  the  ground  at  Massacoe,  to  the  inhabitants 
of  Wyndsor,  as  they  judg  convenient,  &  to  order  the  laying 
out  of  the  former  grants. 

[41]  Whereas  it  is  obserued  that  many  seamen,  diuers  times 
waygh  anker  in  the  harbours  of  severall  Plantatyons  within  thes 
libbertyes,  &  pass  out  on  the  Lord's  Day,  to  the  griefe  & 
offence  of  the  behoulders ;  for  the  preventing  whereof,  it  is 
ordred,  that  after  the  publishing  this  order,  noe  vessell  shall 
depart  out  of  any  harbour  within  this  Jurisdictyon  but  the 
master  of  the  boat  or  vessell  shall  first  giue  notis  of  the  occa- 
tyon  of  his  remoue  to  the  head  officer  of  the  Towne  next  the 
said  harbour  where  they  soe  ancor  &  obtaine  lysence  under  the 
hand  of  the  said  officer  for  his  liberty  therein  ;  otherwise  they 
shall  undergo  the  censure  of  the  Courte. 

The  Courte  is  adiorned  to  the  last  Wensday  of  this  month, 
at  9  a  clock. 


A  Generall  Courte  in  Hartford,  caled  by  the  Govornor, 

UPPON  SPECIALL  OCCATYONS,  21*^*  OcTOBi",   1653. 

John  Hayns  Esq"",  GovC". 

Mr.  Wells,  Mr.  Woolcott,  Mr.   Webster,  Mr.  Cullick, 

Mr.  Clarke. 
Deputyes:     Mr.    Phelps,   Mr.    Trott,  Mr.   Tailcott,  Mr. 

Westwood,  Mr.  Steele,  absent,  Mr.  Gaylerd,  absent,  Edw: 

Stebbing,   Andr:   Bacon,  John  Bissell,  Dauid  Wilton, 


248  PUBLIC     RECORDS 

Nath:  Dickerson,  John  Hollister,  John  Deming,  John 
Coles,  Will:  Smith,  Rob:  Webster,  absent. 

This  Court  desires  the  Magestrates  &  Deputyes  of  the  Courte 
in  Windsor  to  consider  of  the  complainte  of  some  there  about 
the  burning  of  tarr  in  or  neare  unto  the  towne,  to  their  offence 
&  preiudice,  &  to  order  the  same  as  they  judge  meete,  for  the 
preventing  of  inconveniences  for  the  future. 

Mr.  Gouornor,  Mr.  Ludlow,  Mr.  Tailcott  &  Dauid  Wilton 
are  chosen  for  a  Committee  to  goe  next  seacond  day  to  New- 
hauen  and  meete  with  their  Committee  to  consider  aff:* 


[42]     A  Speciall  Generall  Courte,  caled  by  the  Govorn- 
OR,  held  in  Hartford,  the  29  October,  1653. 

John  Haynes  Esq)^,  Govorn'. 

Magistrates  :     Mr.  Wells,  Mr.  Webster,  Mr.  Woolcott, 

Mr.  Cullick,  Mr.  Clarke. 
Deputijes :    Mr.  Tailcott,  Mr.  Westwood,  Mr.  Phelps,  Mr. 
Trott,  Mr.  Hollister,  Mr.  Dan:  Clarke,  Edw:  Stebbing, 
Andr:  Bacon,  John  Bissell,  Nath:  Dickerson,  Dauid  Wil- 
ton, John   Deming,  Steph:    Hart,    John  Coale,   Good: 
Calking,  Good:  Meads,  Will:  Beardsly,  Tho:  Sherwood, 
Rob:  Webster,  Will:  Smith. 
It  is  ordered  by  this  Courte,  that  the  writings  which  haue 
beene  read  in  the  Courte,  shall  be  sent  to  the  Bay,  and  to  Colo- 
nell  Fenwick,  Mr.  Hopkins  &  Collonell  Haynes,t  vnder  the 

*  The  refusal  of  Massachusetts  to  bear  any  part  in  the  proposed  war  against  the  Dutch, 
which  had  been  resolved  upon  by  the  Commissioners  of  all  the  other  N.  England  Colonies,  at 
the  meeting  in  September,  gave  great  offence  to  their  confederates,  and  was  announced  by  the 
latter  as  a  violation  of  the  articles  of  confederation  and  tending  to  a  dissolution  of  the  union. 
Special  sessions  of  the  General  Courts  of  New  Haven  and  Connecticut  were  convened  shortly 
after  the  return  of  their  Commissioners  from  Boston,  and  the  former  Colony  determined  upon 
seeking  redress  and  aid  from  England.  An  address  to  the  Lord  Protector  was  voted,  and  an 
agent  appointed  to  solicit  from  the  Parliament,  ships  and  men  for  the  prosecution  of  the  war. 
A  Committee  was  appointed  to  confer  with  Connecticut ;  to  meet  with  whom,  for  the  purpose 
of  '  considering  affairs,'  the  General  Court  of  Connecticut  appointed  the  Committee  named 
above.  The  week  following,  letters  were  ordered  to  be  addressed  to  Massachusetts, — and 
to  Col.  Fenwick,  Mr.  Hopkins  and  other  influential  friends  of  the  Colony,  in  England.  [New 
Haven  Records:  Trumbull's  Hist,  of  Conn.  ii.  212.] 

t  This  was  probably  Hezekiah,  second  son  of  Governor  Haynes,  who  (with  his  elder  brother, 
Robert,)  remained  in  England.  In  the  civil  war  he  sided  with  the  Parliament,  and  eventually 
became  a  major  general  under  Cromwell.     [Trumbull's  Connecticut,,  i.  216  Note.] 


OF     CONNECTICUT.  249 

Secretary's  hand,  as  from  the  Generall  Courte,  for  them  to  doe 
therein  according  to  their  wisdomes  &  Hght. 

It  is  ordered  &  granted  that  warrants  shall  issue  forth  from 
the  Tresurer,  to  the  seuerall  Townes  in  the  Jurissdictyon,  for 
the  leving  of  a  Rate  &  halfe,  for  this  yeare,  to  be  payd  ^  in 
wheate,  at  4ss.  pr  bush:  ^  in  peass  or  rye,  at  3ss.  pr  bush:  &  ^  in 
Indyon  corne,  at  2ss.  bd. 

Mr.  Ludlow,  Mr.  Wells,  Mr.  Westwood  &  Mr.  Hull  are  de- 
siered  to  keepe  a  perticuler  Courte  at  Farfield,  before  winter,  to 
execute  justice  there  as  cause  shall  require. 

The  Courte  is  adiorned  to  the  first  Wednesday  in  December 
next,  in  the  forenoone,  except  the  Governor  see  cause  to  call  it 
sooner. 


A  Session  of  the  Generall  Courte,  in  Hartford,  the  23*^ 
OF  NovembJ",  1653. 
John  Haynes  Esq"",  Govor"". 
Magistrates :     Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott, 

Mr.  Cullick,  Mr.  Clarke. 
Deputyes:     Mr.    Phelps,  Mr.    Tailcott,  Mr.   Trott,  Mr. 
Westwood,  Edw:  Stebbing,  Dauid  Wilton,  Andr:  Bacon, 
John  Bissell,  Nath:  Dickerson,  Dan:  Clarke,  John  Hol- 
lister,  John  Deming,  Steep:  Harte,  John  Coale,  Rob: 
Webster. 
This  Courte  taking  into  there  serious  consideratyon  the  com- 
plainte  of  the  inhabitants  of  Middletowne,  concerning  John 
Willcock,   doe   order,  that   John   Willcock   shall,   within   12 
moneths  from  this  time,  build  a  tenentable  howse  upon  the  home 
lott  giuen  him  by  the  Towne  or  layd  out  to  him  by  them,  & 
liue  therein  according  to  agreement,  &  so  long  as  other  inhab- 
itants in  that  Towne  are  injoyned  &  haue  agreed  to  liue  uppon 
their  lotts,  if  he  soe  long  liue,  or  elce  prouide  an  inhabitant  to 
liue  thereon  in  his  stead  for  the  time  aforesayd ;  which  if  he 
shall  neglectt  to  doe,  then  his  home  lotts  &  all  his  other  allot- 
ments thereunto  api'taining  shall  returne  to  the  Towne  &  bee 
to  yni  and  at  their  dispose,  as  if  they  had  never  beene  laide  out  to 
him. 


250  PUBLIC     RECORDS 

This  Courte  approues  that  the  name  of  the  Plantatyon  com- 
monly caled  Mattabesick  shall  for  time  to  come  bee  Middell- 
towne. 

This  Courte  agrees  &  concludes  that  the  201  formerly  grant- 
ed to  a  fellowship  in  Harvard  CoUedg,  shall  be  payd  next  spring. 

This  Court  is  adiorned  to  Wedensday  next,  at  9  a  clock  in 
the  morning. 


[43]    A  Session  of  the  Generall  Courte  in  Hartford,  the 
30th  OF  November,  1653. 
Mr.  Haynes  Esqr,  Gouornor. 

Mr.  Wells,  Mr.  Webster,  Mr.  Woollcott,  xMr.  Cullick, 
Mr.  Clarke. 
Deputies :      Mr.    Tailcott,  Mr.  Phelps,  Mr.    Trott,  Mr. 
Westwood,    Dan:  Clark,  John  Bissell,  Dauid    Wilton, 
Edw:  Stebbing,  Nath:  Dickerson,  Andr:   Bacon,.  Jokn 
Deming,  Mr.  Hollister,  Stee:  Harte,  John  Coale,  Rob: 
Webster,  Will'  Smith. 
The  Courte  is  adiorned  to  the  first  Wednessday  in  March 
next,  after  Lecture. 


A  Session  of  the  Generall  Courte  in  Hartford,  the  first 
OF  March,  1653-54. 

Magistrates  :     Mr.  Wells,  Moderator.   Mr.  Webster,  Mr. 

Woolcott,  Mr.  Cullick,  Mr.  Clarke. 

Deputizes:     Mr.    Phelps,  Mr.    Tailcoat,   Mr.   Trott,  Mr. 

Westwood,  Dauid  Wilton,  John  Bissell,  Andr:  Bacon, 

Nath:  Dickerson,  John  Deming,  Rob:  Webster,  Will: 

Smith,  Edw:  Stebbing. 

Vppon   the   complaint  of  Pawcatuck  Indyans,  this   Courte 

orders,  that  they  shall  inioye  their  planting  ground  at  Pauca- 

tuck,  prouided  they  cary  friendly  &  peacably  to  the  English: — 

And  Goodman  Stebbing  &  Good:    White,  being  to  goe  to 

Paucatuck,  haue  libberty  granted  them  to  looke  out  &  finde 

where  Mr.  Haynes  may  haue  at  Paucatuck  the  farme  of  three 


OF     CONNECTICUT.  251 

hundred  acres  formerly  granted,  which  was  then  to  abutte  in 
ip^t  or  whole  uppon  Paucatuck  Riuer,  &  they  to  make  report  to 
the  Courte  of  w*  they  shall  finde  &  the  true  bounds  of  what  is 
desired. 

This  Courte  being  informed  that  the  inhabitants  of  Pequett 
haue  taken  possesion  of  Vncus  his  forte  &  many  of  his  wig- 
wams at  Monheag,  doe  order,  that  a  letter  should  bee  writte 
from  the  Courte  to  the  inhabitants,  to  acquaint  them  of  Pea- 
quett,  to  advise  them  not  to  mollest  the  Indyons  in  their  plant- 
ing ground  or  other  rightful!  possessions,  &  that  if  they  haue 
done  as  is  complayned,  the  Courte  expects  they  should  giue  an 
account  of  their  soe  acting. 

The  Courte  is  adiorned  till  Munday  next,  at  8  a  clock. 


[44]  The  6th  of  March,  1653-54. 

In  respect  of  a  sad  bi'each  God  hath  made  amongst  us,  in  re- 
gard of  the  sudden  death  of  c  late  Governor,*  &  the  like  mor- 
tallity  of  c  neibours  in  the  Bay,  &  some  eminent  removalls 
of  others,  «fe  spreading  opinions  in  the  Collonies,  the  condityon 
ofo''  natiue  Countrey,  the  alienations  of  the  Colonies  in  regard 
of  the  Combinations,  It  is  therefore  ordred  that  ther  may  be  a 
day  of  humiliation  throughout  this  Jurisdictyon,  on  the  15^^ 
day  of  this  month. 

A   Session    of   the   Generall    Courte    in    Hartford,    6*'' 
March,  1653. 
Magistrates  :     Mr.  Wells,  Moderator.     Mr,  Ludlow,  Mr. 
Winthrop,  Mr.  Webster,  Mr.  Woolcott,  Mr.  Cullick, 
Mr.  Clark. 
Deputyes  :     Mr.  Phelps,  Mr.  Tailcoat,  Mr.  Westwood,  Mr. 
Trott,  Edw:  Stebbing,  John  Bissell,  Dauid  Wilton,  Nath: 
Dickerson,  Dan:  Clarke,  Andr:  Bacon,  John  Deming, 
Robt;  Webster. 
Mr.  Tailcott  and  Mr.  Sam:  Willis  were  voated  &  passed  to 
be  nominated  at  the  next  Generall  Courte  of  Electyon,  for 
Magistrates. 

*Gov.  Haynes  died  March  1st,  1653-4. 


252  PUBLIC     RECORDS 

It  is  ordred,  there  shall  be  a  speciall  warrant  granted  to  Jon- 
athan Guilbert  to  arest  Tho:  Baxter  for  his  severall  misdea- 
meanors  committed  within  this  Jurisdictyon,  to  the  disturbance 
of  the  peace  thereof,  &  the  said  Jonathan  to  haue  power  to 
rayse  such  considerable  forces  as  hee  sees  meete  to  execute  his 
warrant. 

Mr.  Westwood  &  Rich:  Goodman  are  desired  to  veiw  the 
prison  &  cause  such  reperatyons  to  be  done  thereunto  as  they 
judge  meete. 

It  is  ordered,  that  Stratford  &  Fairefild  should  each  Towne 
chuse  a  man,  to  be  chosen  Assistants  to  the  Magistrates,  and 
present  them  to  the  next  Courte  of  Electyon  for  that  end. 

The  Courte  is  adiourned  to  the  third  Wednesday  in  Aprill 
next,  by  9  a  clock  in  the  morning,  except  the  Moderator  sees 
cause  to  call  it  sooner. 


[45]     Att  an  Assembly  of  Freemen,  in  Hartford,  this  16'^*' 
Febu:  1653,  to  chuse  a  Moderator.* 

Mr.  Thomas  Wells  was  chosen  Moderator  for  the  pJ'sent 
Generall  Courte  vnder  adiourmt;  &  was  invested  with  full 
power  by  them  to  call  the  next  Generall  Courte  of  Electyon. 


A  Session  op  the  Generall  Courte  in  Hartford,  the  6  of 
Aprill,   1654. 

Magistrates  :    Mr.  Wells,  Moderator.    Mr.  Webster,  Mr- 

Woolcott,  Mr.  Cullick,  Mr.  Clarke. 
Beputyes:     Mr.    Tailcott,   Mr.    Phelps,   Mr.   Trott,  Mr. 

Westwood,  Dauid  Wilton,  Edw:  Stebbing,  John  Bissell, 

Natha:  Dickerson,    John  Holister,  Dan:  Clarke,  John 

Deming,  Andr:  Bacon,  Rob:  Webster. 

Vppon  informatyon  of  some  weaknes  that  for  the  present 
attends  the  body  of  Mr.  Mathew  Allen,  this  Court  frees  him 
from  trayning  for  the  present  untill  they  see  cause  to  the  con- 
trary. 

*  This  was  rendered  necessary  by  the  death  of  Gov.  Haynes,  and  the  absence  of  Deputy  Gov- 
ernor Hopkins,  who  was  now  in  England. 


OF      CONNECTICUT.  253 

This  Court  hauing  duly  considered  the  insufferable,  reproach- 
full  speeches  of  Thorn:  Baxter  against  the  Cheif  of  this  Juris- 
dictyon,  &  his  insolent  carriages  in  seuerall  pi'ticulars  (testyfied 
upon  the  oath  of  seaverall  credible  persons,)  to  the  greate  dis- 
turbance &  breach  of  the  peace  of  this  Common  wealth,  doe 
order  &  sentance,  that  the  sayd  Tho:  Baxter  shall  pay  as  a  fine 
to  the  Common  Treasuory  the  summ  of  fifty  pounds,  besides 
the  20/.  allredy  seized  for  the  breach  of  his  Recogniscance,  & 
that  he  shall  alsoe  putt  in  200/.  bond  as  security  from  some  able 
person  in  this  Jurisdictyon,  that  the  Courte  shall  approue  &  ac- 
cept, for  his  behauior  of  the  space  of  one  whole  yeare  next 
ens[uing,]  and  be  farther  responsible  to  Newhaven  &  Road 
Hand  for  what  misdemeanors  he  hath  committed  in  their  Juris- 
dictyons. 

Rob:  GriflTen,  of  Newport,  in  Roade  Hand,  maketh  oath  in 
Courte,  that  hee  did  supply  Tho:  Baxter  with  what  meate  or 
provisions  hee  needed  for  himselfe  &  could  haue  supplyed  him 
arid  all  his  men  with  p^visions  from  October  last  to  this  day, 
whereby  it  appears  that  the  ground  of  Baxters  running  away 
from  Road  Hand  was  not  through  want  of  p^visions  for  his  men, 
as  he  falsly  pretended. 

[46]  This  Court  uppon  the  complaint  of  Mr.  Sam:  Mayo 
against  Tho:  Baxter  for  his  unjust  seizure  of  his  vessell,  the 
Desire,  of  Barnstable,  &  his  goods  therein,  vnder  a  pretence  of 
a  commityon  receved  from  Roade  Hand,  hauing  duely  weighed 
the  premeses  &  considered  all  that  the  said  Baxter  can  or  will 
say  in  his  owne  defence,  for  his  soe  doing,  doe  finde,  adiudge  & 
declare,  that  the  sayd  Baxter  hath  not  acted  therein  according 
to  his  commission  or  instructyons,  &  therefore  his  seizure  is 
vniust,  whereby  the  sayd  vessell,  with  all  that  belongeth  unto 
her,  is  adiudged  of  right  to  belong  unto  the  sayd  Mr.  Sam: 
Mayo ;  &  doe  allso  adiudg  the  sayd  Tho:  Baxter  to  pay  unto 
Mr.  Mayo,  for  damage  in  severall  respects  sustained  by  him,  by 
reason  of  the  aforesaid  vniust  seizure,  one  hundred  &  fifty 
pounds;  and  the  cable  at  Mr.  Briants  to  be  d'd  to  Mr.  Mayo; 
&  the  said  Baxter  is  to  d'd  in  to  Mr.  Mayo  the  2  bonds,  one  of 
40/.  &  another  of  1000/.  giuen  him  by  Dickenson  &  Karman, 
of  Hempsted,  in  reference  to  the  seizure  :  the  perticulars  are  as 
foUoweth : — 

23 


254  PUBLIC     RECORDS 

Imps  For  3  mens  wages  &  himselfe  from  18  Aug.  last,  68.  0.  0 

For  waring  cloaths  &  bedding,         .         .  10.  0.  0 

For  swords  &  gunns,           .         .         .         .  6.  0.  0 

For  Ibb  of  tarr, 1.  4.  0 

For  expences  in  trauell  in  pi^suance,     .         .  10.  6.  0 

For  sayls  &  ropes  that  are  lost,        .         .  12.  0.  0 

For  a  hh.  of  meale, 2.  10.  0 

For  the  loss  of  the  use  of  the  vessell,         .  40.  0.  0 


150.  0.  0 
Only  it  is  prouided  &  explained  that  if  the  said  Baxter  shall 
returne  with  the  vessell  to  the  sayd  Mayo  the  sayls  &  ropes, 
with  two  swords  and  4  gunns  which  are  taken  from  the  vessell, 
they  are  to  be  discounted  as  part  of  payment  out  of  the  150/. 
damage,  at  the  price  of  18/. 

[47]  This  Courte,  considering  the  order  sent  over  from  the 
Counsell  of  State  by  authority  of  parlaiment  of  England,  that 
as  wee  expect  all  due  incoridgment,  aide  and  assistance  from 
the  said  Common  wealth  of  England,  as  the  state  and  condityons 
of  affaires  will  admitt,  soe  it  is  expected  that  wee  should  in  all 
cases  so  demeane  o'selues  against  the  Dutch  as  against  those 
that  haue  declared  themselues  enemies  to  the  Comon  wealth  of 
England,  doe  therefore  order  &  declare,  that  the  Dutch  howse 
the  Hope,  with  the  lands,  buildings  &  fences  thereunto  belong- 
ing, bee  hereby  sequestred  &  resarued,  all  perticular  claimes  or 
pj^tended  right  thereunto  notwithstanding,  in  the  behalfe  of  the 
Common  wealth  of  England,  till  a  true  tryall  may  be  had  of  the 
pi'mises,  &  in  the  meane  time  this  Court  prohibitts  all  persons 
whatsoeuer  from  improuing  of  the  premises  by  virtue  of  any 
former  title  had,  made  or  giuen,  to  them  or  any  of  them,  by  any 
of  the  Dutch  natyon,  or  any  other,  without  the  aprobatyon  of 
this  Courte,  or  except  it  bee  by  virtue  of  power  &  order  rec'd 
from  them  for  their  soe  doing  ;  &  whatever  rent  for  any  part  of 
the  premises  in  any  of  their  hands,  it  shall  not  be  disposed  off 
but  according  to  what  order  they  shall  receive  from  this  Court 
or  the  Magistrates  thereof 

This  Courte  considering  &  beeing  deeply  sensible  of  the  sad 
effects  &  consequences  that  attend  Indyons  being  supplyed  or 
furnished  with  liquors  or  strong  water,   whereby   they  haue 


OF      CONNECTICUT.  255 

beene  acquainted  with  and  exposed  unto  the  commission  of  a 
grieuous  sinn  to  the  greate  dishonor  of  God,  abuse  of  themselues 
&  great  hazard  of  their  Hues  &  peace  of  others,  doe  therefore 
order,  sentance  &  declare,  that  it  shall  not  be  lawfull  for  any 
person  whatsoeuer,  male  or  feamale,  one  or  other,  within  this 
Jurisdictyon,  either  directly  or  indirectly,  to  sell,  barter,  lend, 
giue  or  any  otherwise,  under  any  plea,  coller  or  pretence  what- 
soeuer, convay  to  any  Indyan  or  Indyans,  small  or  greate,  any 
strong  water  or  liquors,  sack  or  any  other  sort  of  wine  of  any 
kinde,  upon  penalty  of  fine  pounds  for  a  pinte,  for  every  pinte 
of  either  wine  or  liquors  aforesayd,  &  forty  shillings  for  the 
least  quantyty  ;  one  third  part  of  the  penalty  to  bee  &  belong 
to  those  that  shall  informe  &  proue  any  delinquency,  *to  the 
publique  Treasury. 

[48]  It  is  also  ordred,  that  whatsoeuer  Berbados  Liquors, 
commonly  caled  Rum,  Kill  Deuill,  or  the  like,  shall  be  landed 
in  any  place  of  this  Jurisdictyon,  and  any  part  thereof  drawn 
and  sould  in  any  vessell,  lying  in  any  harber  or  roade  in  this 
Common  wealth,  after  publicatyon  of  this  order,  shall  be  all  for- 
fited  &  confiscated  to  this  Common  wealth ;  &  it  shall  be  law- 
full  for  any  person  in  this  Jurisdictyon  to  make  seizure  thereof, 
two  thirde  parts  to  belong  to  the  publique  treasury  &  the  other 
to  the  party  seazing. 

And  it  is  allso  farther  ordred,  that  every  ancor  of  Liquors 
that  is  landed  in  any  place  within  this  Jurisdictyon,  shall  pay 
to  the  publique  treasury  lOss.  &  every  butt  of  wine  40ss.  or 
hodshede  of  wine  20ss.  or  quarter  cask  lOss.  wheather  they  are 
full  or  noe.     This  order  repealed,  M'rch  12"',  '58-'59. 

It  is  allso  ordered,  that  none  shall  haue  liberty  to  retaile  any 
quantity  of  strong  waters  or  wine  of  any  sort  without  a  license 
from  the  Courte  of  Magistrates,  uppon  peanalty  of  20ss.  for 
every  default. 

The  Courte  is  adiorned  till  next  Wednesday  come  fortnight, 
at  pne  of  the  clock  in  the  afternoone. 

*  "  and  two  thirds,"  or  words  equivalent,  seem  to  have  been  omitted  here. 


256  PUBLIC  RECORDS 

[49]  A  Generall  Courte  of  Electyon,  the  18*^1  day  of 

May,  1654. 

Edward  Hopkins  Esq"",  chosen  Gouornor.    absent. 
Mr.  Wells,  chosen  [Deputy']  Govornor. 
Magistrates  chosen :     Mr,  Webster,  Maior  Mason,  Mr. 
Winthop,  John  Cullick,  See'';  Mr.  Woolcot,  Mr.  Clarke, 
Mr.  Willis,  Mr.  Tailcot,  Tresu\ 
Deputyes :    Mr.   Steele,  Mr.  Westwood,  Mr.  Trott,  Mr. 
Phelps,  Mr.  Fitch,  Capt.  Denison,  Mr.  Warde,  Hugh 
Calking,  John  Bissell,  Dauid  Wilton,  Tho:  Foard,  Andr: 
Bacon,  Will:  Hill,  Dan:  Titterton,  Tho:  Coleman,  John 
Hollister,  Phill:  Graues,  John  Lattimore,  Mathu:  Griss- 
wold,  John  Cole,  Rob:  Webster,  Will:  Cornwell,  Mathu: 
Marven,  Mathu:  Camfield, 
The  freemen  voted  that  this  Generall  Courte  should  haue 
power  to  chuse  Commissioners  for  the  ensuing  yeare. 

The  freemen  voted  &  ordered  to  bee  added  to  the  Fundamen- 
talls,  as  followeth  : — 

That  the  maior  p^t  of  the  Magistrates,  in  the  absence  of  the 
Govornor  &  Deputy,  shall  haue  power  to  call  any  Generall 
Courte  ;  and  that  any  Generall  Courte,  being  legally  called  & 
mett,  the  maior  p^t  of  the  Magistrates  &  Deputyes  then  mett 
(in  the  absence  of  the  Govornor  &  Deputy,)  shall  haue  power 
to  chuse  vnto  &  from  among  themselues,  a  Moderator  ;  which 
being  done,  they  shall  be  deemed  as  legall  a  Generall  Courte  to 
all  intents  &  purposes  as  if  the  Govornor  or  Deputy  were 
present. 

The  names  of  those  who  at  this  Courte  ware  mayd  free,  are 
as  followeth : — 

Hartford ;  Walter  Gray,  Willam  Willams,  John  Clow,  Na- 
than: Rusco,  John  Stedman : 

Windsor ;  George  Grissell,  Samm:  Marshall,  Joseph  Lum- 
mis,  Thomas  Lummis,  Nathan:  Lummis,  Simon  Woolcott,  Jo- 
seph Phelps,  Samm:  Grant,  Walter  Lee,  Anthony  Hoskins, 
Nicholas  Wilton : 

W ether sfild ;  Thomas  Wright,  James  Wright,  John  Graues, 
Phillip  Smith : 

Midletowne  ;  William  Harris,  George  Graues,  Samm:  Stock- 


OF      CONNECTICUT.  257 

ing,  John  Savidge,  Samm:  Hall,  Natha:  Browne,  George  Hub- 
bard : 

Norwack ;  Mathu:  Camphile,  Thom:  Hanford  : 
Farmingtone  ;  John  Hartt,  Sam:  Lomes,  Simon  Wrothem, 
Joseph  Kelodg,  Will:  Ventris,  Tho:  Porter,  &  Stephen  Harte. 
[50]  It  is  ordred  by  this  Courte,  that  Mr.  George  Hull  & 
Allexander  Knowles,  of  Fairefild,  Phillip  Graues,  of  Stratford, 
&  Mathevv  Camfill,  of  Norwack,  shall  be  Assistant  to  such  Ma- 
gestrate  or  Magistrates  as  the  Courte  shall  at  any  time  send 
amoung  them,  in  the  executyon  of  justice,  &  they  hereby  im- 
pouer  them  to  examine  misdeameanors,  to  graunt  out  suinons, 
or  binde  ouer  delinquents  to  Courte,  in  this  Jurisdictyon,  for 
either  of  them  to  marry  persons,  to  press  horses  by  warrant 
from  them  as  the  publick  welfaire  of  this  Common  wealth  & 
theire  perticuler  Towns  may  or  shall  at  any  time  require  ;  they 
giuing  an  acco*  to  this  Courte  of  the  same,  when  required 
thereunto. 

This  Courte  taking  into  consideratyon  the  complaint  of 
Vncus  agt  some  in  Pequett  for  laying  out  &  taking  up  parte  of 
his  land  which  hee  conceiues  they  haue  no  right  unto,  doe  de- 
sire, with  the  consent  of  the  said  Vncus,  that  Maior  Mason 
would  as  speedily  as  hee  may,  taking  Mathew  Grisswold,  of 
Seabroocke,  with  him,  goe  to  Pequett  &  joyne  with  Mr.  Win- 
trop  to  draw  the  line  betwne  Pequett  &  Vncus  according  to  the 
bounds  graunted  that  towne,  beginning  their  line  &  soe  carry- 
ing it  on  in  the  most  indifferent  place  &  way,  that  noe  aduan- 
tage  (as  neare  as  can,)  may  be  taken  by  Points  or  Coues,  either 
to  them  or  this  Jurisdictyon,  but  that  which  is  most  equall  on 
boath  sides  to  be  attended  ;  which  being  done,  they  are  desired 
to  sett  downe  where  they  finde  the  line  to  end,  &  indeavo'"  to 
compose  differences  bet:  Pequett  &  Vncus,  in  loue  and  peace  ; 
and  what  they  shall  doe  in  there  premises,  in  euery  respect,  they 
are  desired  to  make  repourt  of  to  the  Generall  Courte. 

Mr.  Hopkins  &  Mr.  Wells  are  chosen  Commissioners  for  the 
yeare  ensuing,  &  if  Mr.  Hopkins  come  not  in  season  to  attend 
that  saruis,  then  Mr.  Webster  is  desired  to  supply  his  absence. 

It  is  ordred  by  this  Courte,  that  the  Assistants  at  the  seaside 
shall  haue  liberty  &  power  to  examine  those  p^sent  misdeame- 
nors  amongst  them,  &  as  they  finde  cause  either  to  sende  up 

23* 


258  PUBLIC      RECORDS 

delinquents  to  come  to  there  tryall  at  Conettycut,  or  otherwise 
to  sende  up  for  som  Magistrates  to  goe  theither  to  keepe  Courte 
amongst  them.  Mr.  Deputy,  Mr.  Webster  &  Mr.  Clarke  were 
desired  &  appointed  to  attend  that  saruis  ifneede  soe  require. 
[51]  Robert  Webster  is  confirmed  by  the  Courte  Leiftenant  in 
Middeltowne,  for  the  yeare  ensuing  accord:  to  the  motyon  of 
the  Towne. 

Mr.  Tailcoate  &  Andrew  Bacon  are  desired  to  goe  downe  to 
Seabrook  &  attend  the  petityon  of  the  inhabitants  of  this 
Towne. 

It  is  ordered,  that  the  Secretary  of  the  Courte  shall  truly  in 
the  Country  Booke  of  Records  record  the  agreement  of  this 
Jurisdictyon  with  Colonell  George  Fenwick  Esq"",  about  the 
forte. 

Whereas,  not  withstanding  an  order  of  this  Comon  wealth 
that  noe  corne  or  provityons  mentyoned  theirin  shall  be  trans- 
ported out  of  this  Jurisdictyon  upon  penalty  of  confisscatyon, 
except  they  enter  the  same  with  the  Committy  appointed  by 
the  Courte,  &  giue  in  security  to  them  or  either  of  them  that 
the  premises  shall  be  deliuered  as  in  the  said  order*  is  expressed, 
much  corne  &  other  provisions  contrary  to  the  sayd  order  is 
transported,  and  the  end  of  the  order  hazarded ;  for  the  preven- 
tion whereof  this  Courte  doth  heereby  authorize  Cap*.  Denison, 
of  Pequett,  upon  all  vessells  that  come  into  y *  Harber,  and  for 
yt  end  hee  is  farther  authorized  to  goe  aboard  any  such  vessells 
&  to  require  an  account  of  theire  loading  &  sight  of  their 
Cockett,t  &  such  vessells  as  hee  findes  that  the  Ma^s:  of  them 
haue  not  attended  the  aforesaid  order,  hee  shall  stop  and  binde 
ouer  the  said  Mai's:  with  suffitient  security,  to  answer  the  same 
at  the  next  Courte  at  Hartford ;  for  which  hee  shall  haue  one 
fourth  parte  of  what  the  said  Courte  shall  see  cause  to  take 
from  such  delinquents,  by  virtue  of  the  aforesaid  order,  &  the 
Mar  of  each  vessell  that  lades  at  that  Towne,  in  p»'t  or  whole, 
shall  enter  his  cargoe  &c  giue  in  security  to  him  in  the  behalfe 
of  this  Jurisdictyon,  according  to  that  order,  to  whome  hee 
shall  graunte  a  certificate,  for  which  the  Ma^  of  each  such  ves- 
sell shall  pay  unto  him  126?. 

*  Page  131,  ante.  j  A  customhouse  voucher,  or  permit. 


OF      CONNECTICUT.  259 

This  Courte  declarelh  to  Herman  Garritt,  yt  for  the  present 
they  judge  the  proofe  about  y^  land  the  Country  claimes  to 
bee  stronger  then  his,  that  is  in  pt.  of  the  Pequett  Country, 
&  therefore  the  grounds  of  his  claime  to  it  not  to  bee  of 
sufBtient  strength,  &  soe  consequently  at  the  Countrys  liberty 
to  dispose  of,  &  theirfore  they  aduise  Herman  Garritt  not  to 
molest  Mrs.  Haynes  in  the  improument  of  it,  hauing  suffitient 
libberty  of  planting  by  it  for  himselfe  &  his  men,  &  that  if  he 
can  produce  any  further  or  clearer  testimony  to  evince  his  right, 
the  Court  will  attend  it. 

Edwar  Stebbing  &  Tho:  Coleman  are  appointed  to  draw  up 
some  rules  for  sealing  leather  etc. 

The  Courte  adiorned  to  the  first  Wednesday  in  Aug:  except 
the  Deputy  see  cause  to  call  it  sooner. 


[53]     A   Session   of  the  Generall   Courte  in   Hartford, 

CALLED  BY  THE  DePUTY  GoVORr,  THIS   IS^h  JuNE,  1654, 

Mr.  Wells,  Deputy  Gouo^.* 

Maior  Mason  &  John  CuUick  are  chosen  Commissioners  for 
the  yeare  ensuing,  and  are  desired  to  goe  downe  to  the  Bay, 
and  attend  the  seruice  there  as  occasions  p^sent. 

The  Commission  of  Maior  John  Mason,  of  Seabrooke,  and 
Capt.  John  Cullick,  of  Hartford,  men  of  approved  fidellity  & 
discretion,  now  sent  from  the  Generall  Courte  of  Conneticutt, 
assembled  in  Hartford  aforesaid,  this  13  day  of  June,  1654: — 

Whereas,  the  Generall  Courte  of  Conetticutt  haue  rec'd  a  let- 
ter from  his  highness  Oliuer,  Lord  Protector  of  England,  Scott- 
land  &  Ireland,  in  reference  to  an  expedition  which  is  judged 
necessary  without  delay  to  be  attended,  wherein  all  the  Colonies 
are  (as  is  conceiued,)  deeply  concerned,  doe  therefore  send  you 
as  agents  from  this  Collonye  to  treate  with  Maior  Rob:  Sedge- 
wick  &  Capt:  John  Leveritt,  sent  ouer  with  Comission  from  his 
said  Highness,  now  at  Boston,  or  else  where,  with  such  other 
person  or  persons  as  are  joined  in  comission  or  counsell  with 
them,  either  from  his  said  Highness  or  any  of  the  Colonies, 
about  all  matters  and  things  what  soe  ever,  that  may  appeare 

*  The  names  of  the  other  members  of  the  Court  are  not  recorded. 


260  PUBLIC     RECORDS 

necessary  to  bee  debated,  relating  to  the  aforesaid  expedityon  ; 
and  you  are  to  certifye  uppon  all  occatyons  what  shall  bee  the 
result  &  issue  of  y  negotiations  in  reference  to  the  premises.* 

Instructyons  for  Maior  John  Mason  &  Cap*.  John  Cullick, 
sent  as  Agents  from  the  Generall  Courte  of  Connecticutt,  now 
assembled  at  Hartford,  this  IS^h  of  June,  '54  : — 

You  are  with  all  convenient  speed  to  trauell  to  Boston,  in  the 
Massachusetts,  where  you  may  meete  with  Maior  Rob:  Sedge- 
wick  &  Capt.  John  Leueritt,  togeather  with  the  Agents  from 
the  other  Collonies,  to  whome  hauing  (at  request,)  shewed  y 
Commission,  veiwed  &  p^'used  theirs,  according  to  the  contents 
thereof  you  are  to  treate  &  negotiate  with  them  about  p^suance 
of  an  expedition  ag*  the  Duch  &c.  If  you  finde  the  Massachu- 
setts Colonye  shall  joyne  with  their  due  proportions  of  men 
with  the  other  Colonyes,  you  may  ingage  c  meete  proportion 
with  them  of  men  as  neare  as  you  can,  in  order  to  the  designe, 
according  to  the  Articles  of  Confederatyon,  provided  the  whole 
number  from  Eng[Iand]  &  all  the  Colonyes  exceed  not  1500. 
If  the  Massachusetts  Collonye  shall  refuse  to  joyne  in  p^portyon 
in  the  aforesaid  service  &  uppon  debate  it  appeares  the  other 
Colonyes,  or  those  of  them  that  shall  joyne,  may  or  are  able  to 
carry  on  the  designe  with  hopefull  fruite  of  success  without  the 
Massachusetts,  you  may  ingage  this  Colonye  to  joyne  therein, 
pi^vided  the  number  of  men  to  goe  out  from  us  exceed  not  200, 
wherein  you  are  to  avoyde  volunteers  what  you  may,  but  rather 
then  the  designe  shall  fall  }  ou  may  admitt  of  4  or  500,  p^vided 
they  all  ingage  to  be  under  the  comand  &  at  the  dispose  of  such 
coinanders  as  you  shall  approue  or  appoint ;  if  neede  bee  you 
may  ingage,  if  the  rest  in  counsell  see  meete,  the  ordinary  wages 
for  souldiers,  &  their  proportyon  of  the  spoile  with  others  in  that 
seruice,  if  God  in  his  mercy  giue  us  success. 

*  In  a  letter,  of  the  10th  of  June,  Mr.  Welles  writes  to  Major  Sedgcwick  and  Capt.  Leveret, 
"  1  have  received  yours  of  the  5th  of  this  instant,  and  have  given  a  call  for  a  Generall  Courte, 
but  our  tovvnes  being  farr  distant  wee  cannot  meete  untill  the  beginning  of  the  weeke.  I  have 
sent  a  messenger  to  Major  John  Mason,  who  lives  at  Seabrooke,  but  he  is  not  yet  returned.  I 
knowe  that  our  Colony  will  with  all  thankfullness  imbrace  this  favour  and  respect  from  his 
Highness,  and  with  all  readines  attend  the  counsell  and  advice  of  his  Commissioners  ;  wee  shall 
send  one  commissioner  to  joine  in  counsell  with  yours,  and  I  suppo.=e  by  this  time  you  under- 
stand what  concurrence  there  is  from  the  Bay,  that  you  might  informe  us  what  number  of  men 
you  expect  from  us  and  what  kinde  of  provisions  you  most  need,"  &c.  [Hutchinson's  CoUec- 
Cion,  253.] 


OF     CONNECTICUT.  261 

[52]    A  Generall  Courte  caled  by  the  Deputy  Govon"",  the 
11th  OF  July,  1654. 
Mr.  Wells,  Deputy  Gov. 
Magistrates :     Mr.  Webster,  Maior  Mason,  Mr.  Wooll- 

cott,  Mr.  CuUick,  Mr.  Tailcoatt. 
Deputyes  •     Mr.  Steele,  Mr.  Phelps,  Mr.  Trott,  Mr.  West- 
wood,  Mr,  HoUister,  Tho:  Coleman,  Andr:  Bacon,  John 
Latimore,  John  Coale,  John  Clarke,  Rob*  Webster,  Will: 
Cornewell. 
Mr.  Wells,  Mr.  Webster,  Mr.  Tailcoat,  Mr.  Steele,  Andr: 
Bacon  &  John  CuUick  &  Sam:  Fitch  are  chosen  as  a  Comittee 
to  drawe  up  and  sende  one  letter  to  the  Coporatyon,  one  to 
Generall  Monck  and  one  to  Mr.  Hopkins,  &  to  p^vide  for  the 
Comissioners. 

The  order  for  restraint  of  trade  with  the  Dutch  &  other  for- 
reigne  natyons  is  repealed. 

It  is  ordered,  that  there  shall  bee  a  man  pJ'vided  to  bee  with 
Maior  Mason  uppon  the  saruice  of  the  Country  at  Seabroock, 
adding  for  the  same  to  his  sallery,  20/.  a  yeare. 

Dan:  Garritt  is  to  attend  the  prison,  as  Ma^  thereof. 
The  Courte  is  dissolued. 


[54]      A  Session  of  the  Generall   Courte  in    Hartford, 
THE  3^  OF  October,   1654. 

Mr.  Wells,  Deputy  Gou>-. 

Magistrates :     Mr.  Webster,  Mr.  Woolcott,  Mr.  CuUick, 

Mr.  Clarke,  Mr.  WiUis,  Mr.  Tailcoat. 
Deputyes:      Mr.  Steele,   Mr.  Gaylerd,    Mr.  Trott,   Mr- 
Allen,   Mr.  Fitch,  Mr.  Westwood,  Edward  Stebbing, 
Nath:  Dickerson,  John  BisseU,  Andr:  Bacon,  John  Hol- 
lister,  Tho:  Sherwood,  Tho:  Fairechild,  Tho:  Coleman, 
John  Clarke,  Rob:  Webster,  Tho:  Chapman,  Tho:  Whit- 
more. 
The  distribution  or  devision  of  men  to  bee  pressed  out  of  each 
Towne  to  attend  the  expedition  to  Narragansett,*  according  to 
the  conclusion  of  the  Comissioners,  is  as  foUoweth  : — 

*  The  Commissioners,  at  their  meeting  in  September,  had  resolved  upon  war  with  Ninigret, 


262  PUBLIC     RECORDS 


Windsor,     . 

8  persons. 

Wethersfeild, . 

6. 

Pequott, 

4. 

Farmington,     . 

.     2. 

Mattabeeseck, 

1. 

Seabroock,    . 

4. 

Norwacke, 

0. 

Fairefeild, 

.     6. 

Hartford, 

9. 

Stratford, 

5.-45. 

The  persons  that  are  to  goe  first,  wch  are  24,  are  to  bee  out  of 
the  Townes  following  ; — Windsor,  4  ;  Pequott,  4 ;  Matabee- 
seck,  1  ;  Hartford,  6 ;  Wethersfield,  4 ;  Farmington,  1 ;  Sea- 
broock, 4; — 24.  The  remainder  of  the  first  numbi"  being  21, 
w^h  are  to  attend  &  be  in  reddines  as  a  reserue,  are  to  goe  out 
of  the  towns  folowing ; — Windsor,  4;  Hartford,  3;  Wethers- 
field, 2;  Farmington,!;  Fairefild,  6;  Stratford,  5; — 21. 

Mr.  Webster,  Mr.  Stone,  Mr.  Fitch,  Mr.  Will:  Whiting  & 
Mr.  John  Whiting,  presenting  to  this  Courte  a  distributyon  of 
Mr.  Whitings  estate,  agreed  uppon  by  them  and  under  all  their 
hands,  and  baring  date  the  30*^  September,  1654,  the  Courte 
allowes  the  said  distributyon  &  orders  it  to  bee  recorded. 

The  Courte  allso  allowes  and  approues  of  the  judgment  and 
apprehensions  of  the  Comittee,  (viz  :  Mr.  CuUick,  Mr.  Steele 
&  Mr.  Allyn,)  about  Mr.  Whitings  will,  so  farr  as  they  all  agree, 
&  order  it  to  be  recorded. 

This  Courte  giues  Mr.  Will :  Goodwin  libberty  to  make  vse 
of  w"  Timber  from  the  waste  land  belonginge  to  the  Countryj 
hee  shall  haue  occasion  for  to  keepe  his  sawe  mill  in  imploy- 
ment. 

This  Courte  grants  Mr.  Cullick  libberty  to  draw  and  sell  one 
hogshead  of  Clarrett  &  a  quarter  casck  of  red  wine  to  his 
friends  &  neighbors,  free  from  the  Countryes  excise.  And  this 
Courte  doth  allso  further  graunt  unto  the  said  Mr.  Cullick,  free 
license  and  libberty  for  the  futur  to  draw  out  or  sell  to  his 
friends  &  neighbours  w**  wine  &  liquors  hee  shall  see  cause, 
free  from  the  Countryes  excise. 
[55]     It  is  ordred  by  this  Courte,  that  it  shall  not  bee  lawfull 

and  had  ordered  forty  horsemen  and  two  hundred  and  fifty  foot  soldiers  to  be  forthwith  levied 
from  the  several  Colonies.  Of  these.  Massachusetts  was  to  provide  the  forty  horsemen  and  153 
foot;  Connecticut,  45;  Plymouth,  41  ;  and  New  Haven,  31.  A  part  of  this  force  was  to  be 
despatched  with  all  expedition  to  the  Niantic  country,  and  the  remainder  to  hold  themselves  in 
readiness  to  march  upon  notice  from  the  commander-in-chief, — the  selection  of  whom  was  con~ 
ceded  by  the  Commissioners,  to  Massachusetts.  [Rec.  of  U.  Colonies ;  Hutchinson's  History,  I» 
186, 187,  &  Collections,  861 ;  Trumbull's  H.  of  Conn.  I.  233,  224.] 


OF      CONNECTICUT.  263 

for  any  p^sons  whatsoeuer  to  draw  any  Wine,  Strong  waters  of 
any  sorte  or  kind,  stronge  Beare  or  Syder,  &  sell  it  out  by  re- 
taile  to  any  persons  whatsoeuer,  except  such  person  or  persons 
in  each  Towne  as  are  licensed  so  to  doe  from  the  Courte. 

Whereas,  Notwithstanding  a  former  order  restraining  the 
selling  of  all  wine  &  liquors  to  the  Indyans,  that  greate  &  cry- 
ing sinn  of  Drunkenes  reignes  amongst  them,  to  the  greate  dishon- 
or of  God  &  hazard  of  the  Hues  and  peace  boath  of  the  English 
&,  Indyans,  w^h  as  this  Courte  is  informed  is  by  the  frequent 
selling  of  Syder  or  strong  Beare  to  them,  It  is  now  ordered  by 
this  Courte,  that  it  shall  not  bee  lawfuU  for  any  person  or  per- 
sons whatsoeuer  within  these  libbertes,  directly  or  indirectly,  to 
sell,  lend,  barter  or  giue  to  any  Indyan  or  Indyans  whatsoeuer, 
small  or  greate,  one  or  other,  any  wine,  liquors,  beare,  syder*  or 
metheglin,  or  any  sorte  or  kinde  whatsoeuer  except  it  bee  their 
ordinary  howshould  beare,  for  w^h  they  shall  haue  noe  recom- 
pence,  uppon  the  former  penalty  of  fiue  pounds  for  euery  pinte 
&  40ss.  for  the  least  quantity,  one  third  parte  to  bee  to  the 
partyes  informing  and  the  other  to  the  publique  Treasury. 

This  Courte  orders,  that  the  5th  day  of  the  next  weeke  bee 
kept  a  publique  Fast  &  day  of  humilliation,  throughout  all  the 
Plantatyons  in  this  Jurissdiction,  to  seeke  the  presence  and  bless- 
ing of  the  Lord  uppon  the  present  expedition  to  the  Narragan- 
setts,  according  to  the  conclusion  of  the  Comissioners,  wherein 
C  future  peace  &  comforts  are  much  concerned. 

This  Courte  desires  &  appoints  the  Magistrates  to  take  the 
most  seasonable  time  to  giue  order  for  a  publique  day  of  Thanks- 
giuing  throughout  this  Jurisdictyon. 

This  Courte  frees  Thorn:  Allen,  the  sonn  of  Mr.  Mathu 
Allen,  from  his  fine  of  20/. 

The  Comittee  chosen  by  this  Courte  to  press  men  and  neces- 
saryes  in  each  Towne,  for  this  expedityon,  in  each  Towne  till 
it  bee  ended,  is  as  followeth  ; — 

For  Windsor,  Mr.  Phelps  &  Mr.  Allyn,  to  joyne  with  the 
Magistrates  there : 

For  Hartford,  Mr.  Webster  &  Andrew  Bacon,  to  joyne  with 
the  Mages trates  there  : 

For  Farmingione,  Mr.  Steele  &  the  Constable  : 

•  [In  margin,]  "The  p''ticuler  respecting  Sider  in  this  law, is  repealed,  Mrch  IV*',  '58-'59." 


264  PUBLICRECORDS 

For  Wethersfeild,  Mr.  Hollister,  Thomas  Coleman,  &  Natha: 
Dickerson,  to  joyne  with  the  Deputy  Govonor  : 

For  Middletowne,  Rob:  Webster,  Tho:  Whitmore,  with  the 
Constable  : 

[56]     For  Seabrooke,  John  Clarke  &  Robert  Chapman,  with 
the  Maior : 

For  Stratford,  Tho:  Sherwood  &  Tho:  Fairechild,  with  the 
Assistant  &^  Constable : 

For  Fairefeild,  Mr.  Ward  &  AUexander  Knowles,  with  the 
Constable  : 

For  Pequett,  Capt:  Denison  &  Hugh  Calkin,  with  the  Con- 
stable.    One  drum  &  1  p'^  Cullers,  fro  Pequett: 

From  Hartford,  a  Lei ve tenant,  &  Surgeon,  &  4  hogshd.  of 
Biskett : 

From  Windsor,  a  Seriant,  &  2  bar:  of  meale,  1  bar :  of  peas, 
&  a  boate. 

The  men  are  to  bee  uppon  there  march  next  Tuesday  morn- 
ing ;  and  are  to  meete  in  Hartford,  from  Windsor  &  Farming- 
tone. 

It  is  ordered,  that  the  size  for  all  Casck  for  Beefe  and  Porke, 
after  the  1  of  March  next,  shall  bee  31  gall.  &.  ^. 

The  Courte  is  adiorned  to  y^  1  Wednesday  in  March  next. 


'[57]     A  Session  op   the  Genbrall  Courte,  at  Hartford, 
Septemb'   14th,  1654. 
Mr.  Wells,  Deputy  Govenr. 
Magistrates :     Capt:  Cullick,  Mr.  Woolcott,  Mr.  Clarke, 

Mr.  Willis,  Mr.  Talcott. 
Deputyes :     Mr.  Steele,  Mr.  Trott,  Mr.  Phelps,  Mr.  Gay- 
lor,  Mr.  Allen,  Mr.  Fitch,  Mr.  Westwood,  Edw:  Steb- 
bin,  And:  Bacon,  Mr.  Hollister,  John   Bissell,  Natha: 
Dickerson,  Mr.  Ward,  Will:  Hill,  absent ;  Tho:  Cole- 
man, Steph:  Hart,  Tho:  Fairechild,  Rich:  Olmsted,  Rob: 
Webster,  Tho:    Whitmore,   Will:  Cheesbroock,  Hugh 
Calkin,  John  Clarke,  Rob:  Chapman. 
The  Lists  of  the  Persons  &  Estates  in  the  severall  Townes 
within  this  Jurisdictyon :— - 


OF     CONNECTICUT.  265 


Persons. 

,    £. 

Persons. 

£. 

Hartford, 

177. 

19609. 

Norwoake, 

24. 

2309. 

Windsor, 

165. 

15833. 

Stratford, 

74. 

7958. 

Wethersfeild, 

113. 

12602. 

Fairefeild, 

94. 

8634. 

Midletowne, 

31. 

2173. 

Pequott, 

Farmington, 

46. 

5519. 

Seabrook, 

53. 

4437. 

The  lists  of  the  persons  &  estates  of  Pequott  is  to  bee  per- 
fected &  returne  thereof  bee  made  to  the  Magistrates  when  they 
keepe  the  perticuler  Courte  there,  as  is  after  ordered. 

This  Courte  orders  that  the  estate  of  Capt:  Baxter,  attached 
by  the  Constable  of  Fairefield  for  the  forfeiture  of  his  recog- 
nizance, shall  bee  remitted. 

This  Courte  orders  that  when  executyon  is  don   uppon  the 

•goods  of  Tho:  Staples   of  Fairefeild,  upon  a  verdict  graunted 

to  Capt:  Baxter,  forthwith  attachm*  bee  graunted  upon  those 

goods  for  the  use  of  the  Country,  untill  this  Courte  sees  what  is 

to  be  done  in  reference  to  this  fine. 

Whereas,  Notwithstanding  former  provision  made  for  the 
conveyance  of  the  knowledge  of  God  to  the  Natives  amongst 
us,  little  hath  hitherto  beene  attended  through  want  of  an  able 
Interpreter,  this  Courte  being  ernestly  desirous  to  promoate  & 
further  what  lyes  in  them  a  worke  of  that  nature,  wherein  the 
glory  of  God  &  the  euerlasting  welfare  of  those  poore,  lost, 
naked  sonnes  of  Adam  is  so  deepely  concerned,  doe  order  that 
Thomas  Mynor,  of  Pequott  shall  bee  wrott  unto  from  this 
Courte  &  desired  that  hee  would  forthwith  send  his  sonne  John 
Mynor  to  Hartford,  where  this  Courte  will  provide  for  his  mein- 
tenance  &  schooling,  to  the  end  hee  may  bee  for  the  present 
assistant  to  such  elder,  elders  or  others,  as  this  Courte  shall  ap- 
point, to  interprett  the  things  of  God  to  y"  as  hee  shall  bee  di- 
rected, &  in  the  meane  time  fitt  himselfe  to  bee  instrumental! 
that  way  as  God  shall  fitt  &  incline  him  thereunto  for  the  fu- 
ture.* 

*"  Vppon  a  motion  made  to  y"  Commissioners,  by  Capt.  Cullick,  from  the  General!  Courte  of 
Connecticott,  to  take  into  y  consideration  y"  instruction  of  y''  Indians  in  theire  Jurisdiction,  in 
y*  knowledge  of  God,  and  their  desire  y'  John  Minor  might  bee  entertained  as  an  interpreter  to 
communicate  to  y^  said  Indians  those  instructions  w"^''  shall  bee  deliiiered  by  Mr.  Stone,  Mr. 
Newton  or  any  other  allowed  by  the  Courte,  and  allsoy'  ysaid  Minor  may  bee  further  instruct 
ed  and  fitted  by  Mr.  Stone  to  bee  a  meete  instrument  to  carry  on  the  worke  of  propagating  y" 
Gospell   to  y^  Indians,  y'-'  Commissioners  conceivieng  y^  said  propositions  to  bee  much  condu- 

24 


266  PUBLIC     RECORDS 

[58]  It  is  ordered  by  this  Court,  that  Capt:  CulHck,  Mr.  Steele, 
Mr.  Allen,  as  a  Comitte  by  this  Courte  apointed,  are  to  consider 
of  Mr.  Whitings  will,  &  a  right  interpretatyon  thereof,  to- 
geather  with  the  SuPre[  y^  of  the  said  will  &  make  report 
thereof  to  this  Courte. 

It  is  ordered  by  this  Court,  that  Mr.  Talcoat,  Mr.  Allen,  Mr. 
HoUister,  shall  joyne  with  Capt:  Cullick  in  receving  the  ac- 
counts for  the  forte  rate,  for  the  yeare  past,  of  the  Constables 
for  the  severall  plantations  uppon  the  River. 

Maior  Mason  &  Capt.  Cullick,  (if  his  occasions  can  permitt 
him,  if  not,)  Mr.  Clarke,  are  desired  to  goe  to  Pequott  &  with 
Mr.  Winthrop  to  keepe  a  perticuler  Courte,  before  winter,  to 
execute  justice  there  as  cause  shall  require. 

This  Courte    graunts  power  to  Maior   Mason  to  call  the* 
Traine  bands  togeather  once  in  2  years,  to  exercise  in  a  Gen- 
erall  training  on  the  first  or  second  weeke  in  September. 

It  is  ordered,  that  warrants  shall  goe  forth  from  the  Tresurer 
for  a  whole  rate  for  the  Country,  according  to  the  order  of  ra- 
ting, to  be  payd  f  in  wheate,  ^  in  peas,  ^  in  Indyan  :  wheatt  at 
4s.  peas  at  3s.  p'"  bush  :  Indyan  at  2s.  6d. 

It  is  ordered  by  this  Courte,  that  the  next  Wednesday  come 
three  weekes,  bee  kept  a  day  of  Publique  Thanksgiuing  in  the 
severall  Plantations  within  this  Jurisdictyon. 

The  Courte  is  adiorned  to  the  first  Wednesday  in  March  next 
except  the  Deputy  Governor  see  cause  to  call  it  sooner. 


[59]  Articles  of  Agreement,  made  and  concluded  betwixt 
George  Fenwick  Esq""  of  SeaBrooke  Fort,  on  ye  one 
part,  and  "Edward  Hopkins,  John  Haynes,  John  Ma- 
son, John  Steele  and  James  Boosy,  for  and  on  y^  be- 
halfe  of  ye  Jurisdiction  of  Connecticott  River,  on  ye 
other  part,  y^  5^^  of  Decembr,  1644.* 
The  said  George  Fenwick  Esq'"  doth  by  these  p^'sents  convey 

cing  to  y"  propagating  of  y'  hopeful!  work,  doe  desire  y'=  Magistrates  of  Connecticott  to  take 
careyiy"^  said  Minor  bee  enterteined  at  Mr.  Stones  or  some  other  meet  place,  and  they  shall  or- 
der yt  due  allowance  bee  made  for  his  dyet  and  education  out  of  the  corporation  stock."  [Rec. 
of  U.  Colonies;  Sept.  23d,  J 654.] 

•  Recorded  here,  pursuant  to  an  order  of  the  Court,  May  18th.  [See  pp.  119,215,258.  ante.] 


OF     CONNECTICUT.  267 

and  make  over  to  ye  use  and  for  y"  behoofe  of  y^  Jurissdiction 
of  Connecticott  River  aforesaid,  y^  Fort  att  SeaBrooke  with  y^ 
appertenances  hereafter  mentioned,  to  bee  inioyed  by  them  for 
euer : 

Two  demiculvering  cast  peeces,  with  all  y^  shott  thereunto 
appertaining,  except  fifty  W^^  are  reserved  for  his  own  use  '. 

Two  long  Saker  cast  peeces,  with  all  y^  shott  thereunto  be- 
longing ;  one  Murderer,  with  two  chamb''s,  and  two  ham- 
mered peeces  ;  two  barrells  of  Gunpowder  : 

Forty  musketts,  with  Bandaleers  and  rests,  as  allso  foure 
carabines,  swords,  and  such  irons  as  are  there  for  a  draw 
bridge  ;  one  sow  of  lead,  and  irons  for  ye  carriages  of 
ordinance  ;  and  all  y^  housing  within  ye  Palisado : 

It  is  allso  provided  and  agreed  betwixt  ye  said  parties,  y*  all 
ye  land  uppon  ye  River  of  Connecticott,  shall  belong  to  ye  said 
Jurissdiction  of  Connecticott,  and  such  lands  as  are  yet  undis- 
posed shall  bee  ordered  and  given  out  by  a  Committie  of  five, 
whereof  George  Fenwick  Esq""  aforesaid  is  allwayes  to  bee  one. 

It  is  further  provided  and  agreed,  yt  ye  Towne  of  Sea  Brooke 
shalbee  carryed  on  according  to  such  agreements,  and  in  yt 
way  which  is  allready  followed  there  and  attended  betwixt  Mr. 
Fenwick  and  ye  Inhabitants  there. 

It  is  allso  provided  and  agreed  betwixt  ye  said  parties,  y* 
George  Fenwick  Esq'  shall  have  liberty  to  dwell  in  and  make 
use  of  any  or  all  ye  bowsing  belonging  to  ye  said  Fort,  for  ye 
space  of  ten  yeares  ;  hee  keeping  those  w^h  hee  makes  use  of, 
in  sufficient  repaire,  (extraordinary  casualties  excepted ;)  and 
in  case  hee  remove  his  dweUing  to  any  other  place,  y^  hee  give 
halfe  a  yeares  warning  thereof,  y*  provision  may  bee  made  ac- 
cordingly ;  onely  it  is  agreed  y'  there  shall  bee  some  conven- 
ient part  of  ye  bowsing  reserved  for  a  Gunner,  and  his  family, 
to  live  in,  if  ye  Jurissdiction  see  fitt  to  settle  one  there. 

It  is  further  provided  and  agreed  bettwixt  ye  said  partyes, 
that  George  Fenwick  Esq""  shall  inioye  to  his  owne  proper  use« 
these  p^ticulers  following  : — 

1.  The  house  neare  adioyning  to  ye  wharfe,  with  ye  wharfe 
and  an  acre  of  ground  thereunto  belonging,  provided  ye  sayd 
acre  of  ground  take  not  up  above  eight  rodd  in  breadth  by  ye 
water  side  : 


268  PUBLIC      RECORDS 

2.  Tlie  point  of  land  and  ye  marsh  lying  under  y^  barne  all- 
ready  built  by  ye  said  George  Fenwick : 

3.  The  Island,  comonly  called  Six  Mile  Island,  with  y*' 
meadow  thereunto  adioyning,  on  ye  east  syde  ye  River : 

4.  The  ground  adioyning  to  ye  Towne-feild,  we'i  is  already 
taken  of  and  inclosed  \v^^  3  rayles  by  ye  sayd  George  Fenwick ; 
onely  there  is  lyberty  granted  to  ye  said  Jurissdiction,  if  they 
see  fitt,  to  build  a  Fort  uppon  ye  westerne  point,  whereunto 
there  shalbee  allowed  an  acre  of  ground  for  a  house  lott. 

[60]  It  is  also  provided  and  agreed,  yt  ye  said  George  Fen- 
wick Esqr  shall  have  free  warren  in  his  owne  land,  and  lyberty 
for  a  fowler  for  his  owne  occasions,  as  allso  ye  like  liberty  is 
reserved  for  any  other  of  ye  Adventurers  yt  may  come  into 
these  parts,  with  a  double  bowse  lott,  in  such  place  where  they 
make  choise  to  settle  theire  aboade. 

All  ye  formentioned  graunts  (except  before  excepted)  ye  said 
George  Fenwick  Esq^  doth  ingage  himselfe  to  make  good  to 
ye  Jurissdiction  aforesaid,  against  all  claymes  y*  may  bee  made 
by  any  other  to  ye  premises,  by  reason  of  any  disbursements 
made  upon  ye  place  : 

The  said  George  Fenwicke  doth  allso  promise  y^  all  ye  lands 
from  Narragansett  River  to  ye  Fort  of  Sea  Brooke,  mentioned 
in  a  Pattent  graunted  by  ye  Earle  of  Warwicke  to  certaine 
Nobles  and  Gentlemen,  shall  fall  in  under  ye  Jurissdiction  of 
Connecticutt,  if  it  come  into  his  power. 

For  and  in  regard  of  ye  premises  and  other  good  considera- 
tions, ye  sayd  Edward  Hopkins,  Jn^  Haynes,  Jn^  Mason,  Jno 
Steele  and  James  Boosy,  authorized  thereunto  by  ye  Generall 
Courte  for  ye  Jurissdiction  of  Connecticott,  doe,  in  behalfe  of 
ye  said  Jurissdiction  promise  and  agree  to  and  with  ye  said 
George  Fenwicke  Esq"",  yt  for  and  during  ye  space  of  ten  full 
and  compleate  yeares,  to  beginn  from  ye  first  of  March  next 
ensuing  ye  date  of  these  presents,  there  shall  bee  allowed  and 
payd  to  ye  said  George  Fenwicke  or  his  assignes,  ye  perticuler 
sums  hereafter  following  : — 

1.  Each  bushell  of  Come  of  all  sorts,  or  meale  y*  shall  passe 
out  att  ye  Rivers  mouth,  shall  pay  two  pence  p^  bushell : 

2.  Every  hundred  of  Biskett  y*  shall  in  like  manner  passe 
out  att  ye  Rivers  month,  shall  pay  six  pence  : 


OF     CONNECTICUT.  26flf 

3.  Each  milch  cow,  and  mare  of  three  yeares  ould  or  up- 
wards, within  any  of  y^  Townes  or  farmes  uppon  the  River, 
shall  pay  twelue  pence  p""  annu:  during  y^  foresd  tearme  : 

4.  Each  hogg  or  sow  yt  is  killed  by  any  p^ticuler  p^son  with- 
in ye  lymitts  of  y^  River  and  the  Jurissdiction  aforesayd,  to  bee 
improved  eytherfor  his  owne  p^ticuler  use,  or  to  make  marketts 
of,  shall  in  like  manner  pay  twelve  pence  p""  annu: 

5.  Each  hoggshead  of  Beaver  traded  out  of  this  Jurissdic- 
tion,  and  past  by  water  downe  y^  River,  shall  pay  twenty  shil- 
lings : 

6.  Each  pound  of  Beaver  traded  within  ye  lymitts  of  y^ 
River  shall  pay  two  pence,  onely  it  is  provided  y*  in  case  the 
generall  trade  with  y^  Indians*  now  in  agitacon  pi^ceed,  this  tax 
uppon  Beaver,  mentioned  in  this  and  y®  foregoing  article,  shall 
fall: 

7.  The  sayd  Committie  doe,  by  the  power  aforesayd,  consent 
and  agree  to  and  with  ye  sayd  George  Fenwicke  Esq"",  yt  hee 
ye  said  George  Fenwicke  and  his  heires  shall  bee  free  of  any 
imposition  or  customes  y*  may  heereafter  by  the  Jurissdiction 
bee  imposed  att  ye  Fort. 

It  is  agreed  y*  the  aforesaid  payments  shall  bee  made  in 
manner  followinge  : — 

What  shall  bee  due  from  ye  graine  that  is  exported  shall  bee 
payd  in  graine  according  to  the  proportion  of  the  several! 
kindes  of  graine  that  doe  pass  away,  att  the  common  current 
price,  neyther  attending  such  prises  on  ye  one  hand  that  the 
Courte  may  sett,  nor  yett  on  the  other  hand  such  as  Corne  may 
bee  sould  att  through  the  necessityes  of  men ;  and  in  case  of 
[61]  any  difference,!!  then  the  price  shall  bee  sett  by  two  good 
men  the  one  to  be  chosen  by  Mr.  Fenwicke  and  the  other  by 
the  Courte :  what  shall  bee  due  otherwise  shall  bee  paid  in 
Beaver,  wampom,  barly,  wheat  or  pease,  the  former  considera- 
tion for  the  p[rice]  to  bee  herein  allso  attended  ;  and  it  is  pro- 
vided and  agreed  that  a  strict  order  and  course  shall  bee  taken 
in  observing  what  graine  is  putt  aboard  any  vessell  that  goeth 
downe  [the]  River,  from  any  of  the  Townes,  and  due  notice  be- 
ing [taken]  thereof,  every  boate  or  vessell  shall  bee  inioyned  to 

*  See  page  113,  ante ;     Rec.  of  U.  Colonies,  in  Hazzard's  St.  Papers,  ii.  19. 

24* 


270  PUBLIC     RECORDS 

take  note  from  some  deputed  by  the  Courte  in  each  Towne, 
what  quantityes  and  kindes  of  graine  are  aboard  the  said  ves- 
sell,  and  to  deliver  to  Mr.  Fenwicke  or  his  assignes  att  Sea- 
Brooke,  so  much  as  will  bee  due  to  him  according  to  the  fore- 
mentioned  Agreements.  And  likewise  [for  the]  other  pay- 
ments due  care  shall  bee  taken  that  [they  bee]  made  att  the 
place  aforesaid,  in  as  convenient  a  way  as  [may]  comfortably 
bee  attended,  and  y*  all  indirect  courses  bee  prevented  whereby 
the  true  meaning  of  these  agreements  may  bee  evaded. 

In  witness  whereof  the  parties  beforementioned  have  here- 
unto put  theire  hands,  the  day  and  yeare  abouesayd. 

Geor:  Fenwick  Edward  Hopkins, 

Jo:  Haynes, 
John  M[ason,] 
John  Steel, 
James  Boosye. 
I  have  examined  and  compared  this  writing  with  the  origin- 
all  and  finde  it  to  bee  a  true  Coppy  this  4*^  of  March,  1655-56. 

John  CuUick,  Sec. 

It  was  afterwards  concluded  both  by  the  Generall  Courte  of 
Connecticutt  and  Mr.  Fenwicke,  that  in  case  there  should  any 
difference  arise  touching  the  Interpretation  of  any  of  the  within 
mentioned  Agreements,  the  determination  and  issuing  thereof 
should  bee  referred  to  those  who  made  the  sayd  Agreements, 
being  best  acquainted  with  theire  owne  intendments. 

It  was  allso  agreed  betwixt  George  Fenwick  Esq""  and  the 
Committee  mentioned,  the  lit''  of  Octob'",  1645,  in  regard  there 
hath  not  beene  a  due  and  full  attendance  to  the  said  Agree- 
ments this  pi"sent  yeare,  by  [many,]  which  in  parte  arose  from 
the  unwillingness  in  masters  of  vessells  to  [stay]  allwayes  att 
SeaBrooke  for  the  delivery  of  the  corne  due  to  Mr.  [Fenwick,] 
that  the  sayd  Agreements  shall  beginn  and  take  place  from  the 
[first]  of  March  next,  being  1645,  to  the  end  and  tearme  of  tenn 
yeares ;  [and]  for  the  preventing  of  the  beforementioned  diffi- 
culty, George  Fenwick  [Esq'']  doth  agree  &  is  content  to  take 
what  corne  shall  bee  due  unto  [him,  att]  the  Townes  of  Hart- 
ford or  Wethersfeild.  And  the  sayd  Com[mittee  doth,  in]  be- 
halfe  of  the  Generall  Courte,  and  by  vertue  of  [power  commit- 


OF     CONNECTICUT.  271 

ted]  to  them,  [agree]  and  undertake  that  att  any  time  [within 
four]teene  days,  [after]  warning  and  notice  given  by  [Geo:  Fen- 
wick  Esqi",  or  his  assignes,  there]  shall  bee  delivered  to  [any 
vessell  he  or  they  shall  appoint,  such  corne]  as  is  due  to  him  by 
[vertue  of  this  Agreement,  att  eyther  of  the  Townes  aforesaid. 
Neverthelesse,  it  is  still  provided  that  the  Ma""  of  every  vessell 
[62]  carry  a  note  of  the  quantityes  of  gray  ne,]  ||  with  the  sev- 
erall  kindes  thereof,  that  are  laden  by  any  aboard  his  vessell 
from  such  persons  as  are  deputed  by  the  Generall  Courte  to 
that  service,  and  deliver  it  to  George  Fenwick  or  his  assignes, 
before  they  depart  from  SeaBrooke,  under  the  penalty  men- 
tioned in  an  order,  made  by  the  Generall  Courte  of  Connecti- 
cott,  for  preventing  of  any  indirect  or  collusive  proceedings  in 
violation  of  the  sayd  Agreement.  And  whereas  severall  pen- 
altyes  are  by  the  sayd  order  to  bee  inflicted  uppon  such  as  shall 
transgress,  or  seeke  to  evade  the  true  meaning  of  the  sayd 
agreements,  It  is  now  agreed  and  consented  to  by  the  afore- 
sayd  Comittie,  that  the  one  halfe  of  that  w^h  is  so  forfeited  by 
any  shall  bee  and  appartayne  to  the  sayd  George  Fenwick  Esq"", 
or  his  assignes,  and  the  other  to  such  as  shall  informe.* 

E:  Hopkins. 
1  have  examined  and  compared  this  writing  with  the  origin- 
all,  and  finde  it  to  bee  a  true  Coppy,  this  4th  of  March,  1655-56. 

John  Cullick,  Sec^. 

[6.S]  Feb^:  17:   1646. 

It  was  agreed  betwixt  Edward  Hopkins  on  ye  behalfe  of 
George  Fenwick  Esqf,  and  John  Cullick,  John  Tallcott,  John 
Porter  and  Henry  Clark,  James  Boosie  and  Samuell  Smith,  on 
behalfe  of  y^  Jurissdiction  of  Connecticutt,  that  the  Agreement 
formerly  made  with  Mr.  Fenwick  shall  bee  altered,  and  what 
was  to  bee  receaved  by  him  according  to  that,  reduced  to  the 
tearmes  heareafter  expressed  :  viz  :  there  shall,  yearely  for  ten 
•yeares  payd  to  Mr.  Fenwick  or  his  Assignes,  one  hundred  and 
eighty  pounds  p""  annum,  to  bee  payd  every  yeare  before  y^  last 
of  June,  as  it  shall  bee  required  by  the  Assignes  of  the  sayd  G, 

*  Pages  61  and  62,  of  the  record,  are  much  torn  and  defaced  ;  the  missing  portions  have 
been  supplied  by  reference  to  the  original  agreement,  preserved  in  Vol.  I  of  •  Towns  &  Lands,' 
Doc.  No.  3. 


272  PUBLIC      RECORDS 

Fenwick,  either  to  such  vessells  as  shall  bee  appointed,  or  to 
such  house  or  houses  in  Wethersfeild  or  Hartford  as  hee  shall 
direct  and  order,  to  bee  payd  ^  in  good  wheat  att  45.  p^f  B:  ^ 
in  pease  att  35.  p""  B:  ^  in  Ry  or  Barly  att  35.  p'  B^i,  and  if  ry 
or  barly  bee  not  payd,  then  to  pay  it  in  wheat  and  pease  in  an 
equall  proportion  ;  only  this  present  yeare,  some  Indian  corne 
shall  bee  accepted,  but  as  little  as  may  bee ;  Allso  there  is  to  bee 
receaved  by  the  sayd  Geo.  Fenwick,  what  shall  bee  due  from 
Springfeild  for  the  foresayd  tearme  of  10  yeares,  as  allso  what 
else  may  bee  due  uppon  the  Beaver  trade,  according  to  the 
former  Agreement  with  him :  Allso,  whereas  the  Towne  of 
SeaBrooke  is  to  pay,  in  this  sum  of  1801.  for  this  yeare,  10/., 
when  that  Towne  increaseth  so  as  they  pay  a  greater  propor- 
tion in  other  rates,  in  reference  to  what  these  Townes,  Wind- 
sor, Hartfoid,  Wethersfeild  and  Farmingtowne  doe  pay,  they 
shall  increase  theire  pay  to  Mr.  Fenwick  accordingly :  allso, 
whereas  Mattabesuck  may  hereafter  bee  planted,  they  shall  pay 
to  Mr.  Fenwick  in  the  same  proportion  they  pay  other  rates,  to 
these  Townes  :  These  foure  Townes  being  accounted  at  one 
hundred  and  seaventy  pounds. 

Edward  Hopkins,  i  John  Tallcott, 

John  Cullick, 

James  Boosie. 
I  haue  examined  and  compared  this  writing  with  the  originall 
and  finde  it  to  bee  a  true  Coppie,  this  4^^  of  March,  1655-56. 

John  Cullick  Sec. 


[64]     A  Session  of  the  Generall  Courte  in  Hartford,  the 
7th  OF  March,  1654-55. 

Mr.  Wells,  Deputy. 

Magistrates :     Mr.  Webster,  Mr.  Woollcott,  Mr.  Cullick, 
Mr.  Clarke,  Mr.  Willis,  Mr.  Tailecoate, 

Deputies :     Mr.  Steele,  Mr.  Phelps,  Mr.  Trott,  Mr.  Gay- 
lerd,  Mr.  Allyn,   Mr.  Westwood,   Mr.  HoUister,  Edw; 
Stebbing,  John  Bissill,  Andrew  Bacon,  Nath:  Dicker- 
son,  Steph:  Harte,  Tho:  Coleman,  Tho:  Whittmore. 
Richard  Church  is  freed  from  watching,  warding  &  training. 


OP      CONNECTICUT.  273 

This  Courte  allowes  the  souldiers  y*  went  uppon  the  last  ex- 
pedition to  ye  Narragansetts,  by  vertue  of  the  determination  of 
the  Comissionrs,  as  followeth  : 

To  the  comon  souldiers,  16d.  a  day  ; 

To  the  Drumers,  20c?.  a  day ; 

To  the  Serieants,  2s.  a  day  ; 

To  the  Ensigne,  25.  6c?.  a  day ; 

To  the  Leiftenant,  3s.  a  day ; 

To  the  Steward,  25.  a  day. 
This  Courte  desires  Mr.  Wells  &  Nath:  Dickerson,  for  Weth- 
ersfield;  Mr.  Webster  and  Mr.  Cullick,  for  Hartford;  Mr. 
Clarke  &  Mr.  Allyn,  for  Windsor;  Mr.  Steele  &  Steph:  Harte, 
for  Farmington;  Thomas  Allyn  and  Robert  Webster,  forMid- 
letowne,  to  receive,  alio  we  &  signe  to  the  Treasurer,  such  bills 
of  debts  from  ye  Country  to  any  perticular  person  as  shall  bee 
brought  in  to  them  in  theire  severall  Townes.  And  Mr.  Web- 
ster &  Mr.  Cullick  are  desired  to  audite  the  Treasurers  acco*^ 
for  the  yeare  past. 

This  Courte  hath  considered  the  acknowledged  transgression 
of  lawe,  about  casting  Ballast  in  an  inconvenient  place,  at  Weth- 
ersfield,  by  William  King,  Marriner ;  uppon  severall  grounds 
they  doe  mitigate  the  penalty  of  the  said  order,  and  doe  adiudge 
the  said  King  to  pay  for  his  transgression  aforesaid,  20ss. 

This  Courte  advises  that  it  bee  p^sented  to  the  Gen:  Courte 
in  May  next,  that  it  may  bee  ordered,  that  notwithstanding  the 
former  order  w^h  req:  that  such  goods  as  are  disstreined  uppon 
execution  should  bee  apprized  by  3  men,  as  yt  Lawe  directs, 
■vych  now  proves  to  bee  inconvenient  &  sometimes  iniurious  to 
ye  creditors,  it  shall  hereafter  bee  lawful!  for  ye  Marshall  to 
make  sale  of  such  goods  distreined  w^^out  the  apprizem*^  before 
specified,  as  well  as  hee  may,  for  the  good  of  the  debtor,  for  the 
same  pay  that  the  debtor  was  to  make. 


[65]     A  Generall  Courte  of  Election  [in]  Hartford,  this 
17th  OF  May,  1655. 

Mr.  Thomas  Wells,  chosen  Govrno"". 
Mr.  John  Webster,  Deputy  Govno^. 


274  PUBLIC     RECORDS 

Mr.  Hopkins,  Magistrate ;  Maior  John  Mason,  Magis- 
trate ;  Mr.  Winthrop,  Magistrate.  Mr.  Woollcott,  Mag- 
istrate.   Mr.  Cullick,  Magistrate  ^  Sec" ;  Mr.  Clarke, 
Magistrate  ;  Mr.  Willis,    Magistrate  ;  Mr.  Tailecoate, 
Magistrate,  Treasurer;  M.x.  io\va.Cos,xnox&, Magistrate  ; 
Capt.  Thomas  Topping,  Magistrate. 
Beputyes  :    Mr.  Steele,  Mr.  Phelps,  Mr.  Gayler,  Mr.  Allyn, 
John  Bissell,  Mr.  Trott,  Nath:  Dickerson,  Mr.  HoUister, 
John  Deming,  Mr.  Warde,   Mr.  Hill,  Mr.  Westwood, 
Edward  Stebbing,  Andrew  Bacon,  Mr.  Brewster,  absent, 
Will'    Cheessbrooke,     absent,   Robert   Webster,   Will' 
Smith,  absent,  John  Pratt,  absent,  Phillip  Groves,  Staph: 
Harte,  absent,  John  Clarke,   Rich:  Webb,  Nath:  Cam- 
feild,  Thomas  Fairechild. 
The  names  of  those  w<=h  were  made  Freemen  of  this  Juriss- 
diction,  at  this  Courte,  are, — Mr.  John  Russell  Senior,  Jacob 
Gibbs,  John  Hubberd. 

The  freemen  hath  impowered  this  Generall  Courte  to  chuse 
Commission''^  for  them,  for  the  yeare  ensuing. 

A  letter  is  to  bee  sent  to  East  Hampton,  in  ans:  to  theires, 
yt  it  can  bee  no  advantage,  but  rather  the  contrary,  to  theire 
devided,  shattered  condition,  not  to  have  dependance  uppon  or 
bee  under  some  settled  Jurissd:  &c.  and  therefore  advise  y™  so 
to  doe,  &c.  and  to  pay  w^t  is  theire  just  dues  to  this  Comon- 
wealth. 

Math:  Camfeild,  for  Norwaack,  &  Phillip  Groves,  for  Strat- 
ford, are  confirmed  Assistants,  according  to  former  order,  in 
May  (54.) 

Maior  John  Mason  &  Cap*.  John  Cullick  are  chosen  Com- 
mission" for  this  Collony  for  the  yeare  ensuing,  to  agitate  with 
the  other  Collonyes,  according  to  the  Articles  of  Confederation, 
and  Mr.  Tailecoate  is  chosen  as  a  Reserve. 

Mr.  Govnc,  Mr.  Deputy  &  Mr.  Clarke  are  desired  to  goe 
downe  to  the  sea-side  to  keepe  Courte  at  Fairefeild  or 
Strattford. 

Maior  Mason,  Mr.  Cullick  &  Mr.  Tailecoate,  are  desired  to 
goe  to  Pequett,  as  soone  as  may  conveniently  sute  them  and 
the  Towne,  to  keepe  Courte  there,  and  w"  other  necessary  ser- 
vice shall  appeare. 


OF     CONNECTICUT.  275 

This  Courte,  considering  the  petition  of  Cap*.  John  Under- 
hill,  in  refFerence  to  his  seizure  of  y^  Dutch  Howse,  Hope,  & 
lands  ;  they  doe,  in  way  of  answer,  returne  as  foUoweth  :  First, 
yt  notwithstanding  all  yt  hath  yet  appeared  to  them,  they  may 
and  doe  declare  y*  till  more  appeares,  they  shall  meinteinetheire 
owne seizure  of  ye  pimises,  according  to  the  end  and  extent 
thereof.  2^h,  yt  they  see  not  cause  to  warr<^  his  seizure,  nei- 
ther shall  they  allowe  or  approve  of  his  sale  thereof,  to  any  per- 
son w"soever,  from  this  Jurissdiction.* 

Concerning  Mrs,  Styles  petition,  ye  Courte  declares  yt  if  the 
Comittee  yt  goes  to  keepe  Courte  at  Strattford  and  the  Towne 
of  Strattford  sees  cause,  they  may  settle  uppon  Mrs  Styles  w" 
shee  desires. 

[66]  This  Courte  considering  the  sad  complaint  of  Goody 
Beckwith,  of  Fairefeild,  in  referrence  to  her  husbands  deserting 
of  her,  doe  declare  y*  by  w**  evidences  hath  beene  p^'sented  to 
them  of  ye  manner  of  her  husbands  departure  and  discontinnu- 
ance,  they  judge  that  if  the  said  Goody  Beckwith,  wife  of 
Thomas,  shall  uppon  her  oath  testifie  to  the  Magistrates  that 
are  shortly  to  keepe  Courte  at  Strattford,  that  her  husbands  de- 
parture was  as  others  have  testified  it  to  bee ;  and  yt  shee  hath 
not  heard  from  him  nor  of  him  any  wayes  since  hee  deserted 
her,  the  said  Magistrates  may  give  her  a  bill  of  Divorce  &  sett 
her  free  from  her  said  husband. 

This  Courte  considering  the  appeale  of  Jonas  Wood,  of  South 
Hampton,  and  well  weighing  the  grounds  &  causes  thereof,  doe 

*  In  May,  1653,  Capt.  Underhill  was  commissioned  by  the  Colony  of  Providence  Plantations, 
as  commander  in  chief  of  their  land  forces,  for  the  prosecution  of  the  war  against  the  Dutch. 
Under  and  by  virtue  of  this  commission,  (and,  as  he  alleges,  with  the  permission  of  the  Gen- 
eral Court  then  in  session  at  Hartford,)  on  the  27th  and  28th  of  June,  1653,  Capt.  Underhill 
seized  the  Dutch  Fort,  "  The  House  the  Hope,"  at  Hartford,  with  the  lands  adjacent.  In 
April,  1654,  [page  254,  ante,]  the  General  Court  ordered  the  Dutch  house,  with  the  lands  &c. 
thereunto  belonging,  to  be  sequestered  and  reserved  in  the  behalf  of  the  Commonwealth  of 
England,  "  all  particular  claims  or  pretended  rights  thereunto  notwithstanding"  ''till  a  true  trial 
may  be  had  of  the  premises,"  and  in  the  mean  time  prohibited  all  persons  from  improving  the 
premises  by  virtue  of  any  title  other  than  should  be  given  them  by  the  Court. 

In  the  petition  now  presented  to  the  Court,  (a  certified  copy  of  which  is  preserved  in  Vol.  I 
of  "  Towns  &  Lands,"  Doc.  No.  81.)  Capt  Underhill  asks  permission  to  sell  and  convey  the  prop- 
erty he  had  seized  two  years  before, — pleading  his  past  services  to  the  Colonies,  his  straitened 
circumstances,  and  the  justice  of  his  claim.  Notwithstanding  the  refusal  of  the  Court  to  grant 
the  prayer  of  the  petition,  Capt.  U.  proceeded  to  effect  a  sale,  and  on  the  18th  of  July  following, 
executed  a  deed  of  the  premises  to  Wm.  Gibbins  &  Richard  Lord.     [Towns  &  Lands,  1.  82.] 


246  PUBLIC      RECORDS 

judge  and  declare,  that  as  things  have  appeared  to  them  they 
cannott  but  justifie  the  said  Woods  appeale  against  John 
Cooper,  and  doe  judge  that  Cooper  hath  vnjustly  molested, 
troubled,  greived,  and  dissparaged  the  said  Wood,  in  a  speciall 
manner  in  and  about  his  telling  Wood  that  hee  lyed  against  his 
knowledge  and  concience,  w^h  charge  of  his  hath  evidently  ap- 
peared to  this  Courte  to  bee  alltogether  groundless  aud  scanda- 
lous. The  pi'mises  being  considered,  they  doe  adiudge  the  said 
John  Cooper  to  pay  as  followeth  : 

Im:  To  Wood,  for  his  charge  uppon  the  first  Jury,  and  all 
other  charges  for  his  owne  defence  and  clearing,  at  the  several! 
other  Courtes  at  South  Hampton,  wherein  hee  was  defend*,  and 
all  other  charges  of  evidences,  wittnesses  and  otherwise,  in 
order  to  his  appeale  to  this  Courte,  y^  sum  of  thirty  pounds, 

£30.  0.  0. 

2diy  To  Wood,  for  slaundering  of  him,  as  aforesaid,  05.  0.  0. 

Sfiiy  To  the  Country,  in  p*  of  theire  charge  in  ) 

attendance  uppon  ye  aforesaid  appeals,  )       05.  0.  0. 


40.  0.  0. 

It  being  the  true  intent  &  meaning  of  thi^  Courte,  notwith- 
standing the  pJ'mises,  that  John  Cooper  should  pay  all  the  char- 
ges of  the  two  last  pi'ticular  Courts  at  South  Hampton  and  of 
the  Generall  Court  there,  over  and  above  the  aforesaid  sum  of 
forty  pound,  that  is,  so  farr  as  Cooper  as  plantiff  procured  ye 
charge  for  himselfe  or  for  the  maintenance  of  his  cause  against. 
Wood ;  but  so  farr  as  Wood  procured  any  charge  for  his  owne 
defence  &  clearing,  Wood  is  to  pay  out  of  the  aforesaid  suiii 
of  30/. 

If  John  Cooper  shall  not  satisfie  &  discharge  to  Jonas  Wood 
the  judgem*^  of  this  Court,  viz  :  the  sum  of  35Z.  betweene  this 
&  the  first  of  July  next,  then  Wood  may  proceed  to  execution. 
The  Sec.  is  ordered  to  deliver  execution  to  Jonas  Wood 
accordingly. 

This  Courte  allowes  Cornelius  Hull,  out  of  the  publique 
Treasury,  for  his  charge  and  expence  in  coming  up  hither  to 
give  in  testimonie  concerning  Baxster,  20ss. 

John  Elderkin,  of  Pequett,  being  p'"sented  to  this  Court  as 
chosen  by  y^  Towne  of  Pequett  to  keepe  an  ordinary,  accord- 


OF      CONNECTICUT.  277 

iijg  to  order  of  Courte,  wh  hee  hath  accepted  of  to  attend  after 
29  Sept;  next,  the  Court  confirmes  him  in  that  place. 

[67]  This  Courte  allowes  the  keeper  of  the  prison,  for  his 
yearly  s[alary]  12/.  &  for  delinquents  6^.  8d.  ahead. 

It  is  ordered,  that  the  Tovvne  of  Norwack  shall  possess  & 
inioy  all  ye  land  w^h  they  purchased  of  the  Indians,  not  of  right 
belonging  to  the  plantation  of  Fairefeild. 

This  Court  orders,  that  in  the  intervalls  of  Generall  Courts, 
ye  Magistrates  shall  have  power  to  appointe  publique  dayes  of 
Thanksgiving  &  Humilliation,  in  this  Jurissdiction,  as  they 
shall  judge  meete. 

It  is  ordered  by  this  Courte,  with  the  approbation  of  y^  Depu- 
tyes  from  the  seaside,  viz:  P'airefeild,  Strattford  &  Norwacke, 
that  the  whole  charge  of  all  such  Courts  as  are  kept  in  any  of 
the  aforesaid  Townes,  wherein  none  are  questioned  for  y^ 
breach  of  some  capitall  lawes,  shall  bee  borne  by  those  said 
Townes,  and  that  all  the  charge  of  such  Courtes  in  any  of  the 
aforesaid  Townes  as  shall  have  some  charged  in  them  for  the 
breach  of  any  capitall  law  as  aforesaid,  shall  bee  borne  one  halfe 
by  the  said  Townes,  &  the  other  halfe  by  the  Country. 

Whereas,  it  doth  evidently  appeare  to  this  Courte  that  the 
Secretary  thereof,  for  some  yeares  past,  hath  not  had  sutable 
recompence  for  his  great  paines  in  the  service  of  his  place,  by 
the  former  provision  or  allowance  they  have  made  in  consider- 
ation thereof;  It  is  ordered  by  this  Courte,  that  the  Sec"^  shall 
have  18c?.  for  every  action  entred  by  the  taking  out  of  any  war- 
rant respecting  the  same,  either  from  himselfe  or  any  other  Ma- 
gistrate, under  the  sum  of  forty  shillings,  and  6d.  for  every  war- 
rant: And  for  every  action,  as  before,  above  y^  sum  of  forty 
shillings,  the  Sec  shall  have  2s. ;  And  that  if  any  Magistrate 
graunts  a  warrant  respecting  any  action,  they  shall  bee  paid  for 
every  warrant,  six  pence:  and  they  shall  take  the  Secretary's 
fees  of  such  persons  as  they  graunte  theire  warrants  to,  and  at 
every  Courte,  make  due  payment  thereof  to  him  : 

It  is  allso  further  ordered,  that  the  Sec^  shall  have  for  every 
Attachement  or  Replevin,  bond  and  action  belonging  thereun- 
to,* 55.  ;  for  every  Execution  under  fifty  shillings,  2s.  Gd.,  and 
every  Execution  above  fifty  shillings,  55. ;  for  every  Will  or  In- 

•  [In  margin  ;]  "  and  for  coppies  of  them,  halfe  so  much." 

25 


278  PUBLIC     RECORDS 

ventory  or  both,  under  50/.,  3s.  4d. ;  &  for  every  under  a  hun- 
dred pound,  five  shillings  ;  and  for  every  one  above  a  100/.,  6s. 
8d.  And  for  the  Orders  of  common  concernment  in  each  ses- 
sion of  the  Generall  Court  published,  25.  from  each  Towne 
where  they  are  published ;  &  what  writing  perticuler  Townes 
or  persons  makes  y^  Sec,  at  any  Generall  Courte  or  session 
thereof,  they  shall  pay  and  allowe,  w^^out  any  delay,  good  re- 
compence  &  satisfaction  to  his  reasonable  content.  For  every 
Recognise:  entring  in  Courte,  uppon  the  entry  thereof  2s. 
The  Courte  is  adiourned  to  the  1  Wednesday  in  July  next. 


[68]     A  Generall  Court  in  Hartford,  the  4*^-^  of  Octob''. 

1655. 

Mr.  Wells,  Govrno"". 

Mr.  Webster,  Deputy. 

Magistrates :     Mr.  Cullick,  Mr.  Clarke,  Mr.  Willis,  Mr. 

Tailecoate. 
Deputyes :     Mr.  Fitch,  Mr.  Allen,  Mr.  Trott,  Mr.  Hull, 
Mr.  Steele,  absent,  Mr.  Woolcott,  Mr.  Westwood,  Mr. 
Hill,  absent,   David  Willton,   Edward  Stebbing,  John 
Bissell,  Andrew  Bacon,  Nath:  Dickerson,  Sam:  Smith, 
Tho:  Coleman,  John  Brunson,   William  Smith,  Phillip 
Grove,  Thomas  Fairechilde. 
Bartho:  Barnard,  of  Hartford,  is  fyned  5s.  for  not  returning 
the  warrants  seasonably  for  Deputyes,  according  to  order. 

The  Widdow  Gibbs  her  forfeiture  of  4/.  as  by  record  of 
Courte,  in  Sept.  (54)  is  by  this  Courte  remitted  to  one  halfe,  y' 
is  to  say,  that  shee  shall  pay  but  40ss.  w^h* 

Richard  Lettin,  being  called  3  times  to  appeare  at  this  Courte 
in  answer  to  his  Recognise:  and  not  answering  thereunto,  hath 
forfeited  his  Recognise:  of  20/. 

George  Phillips,  by  reason  of  severall  weakenesses  that  attend 
him,  is  freed  by  this  Courte  from  Training  during  his  aforesaid 
weakeness. 

The  Comissionrs  of  Strattford  &  Fairefeild  are  fyned  40s.  a 

*  The  original  is  thus  incomplete. 


OF     CONNECTICUT.  279 

peece,  for  theire  neglect  of  meeting  according  to  order,  for  the 
perfecting  the  Lists. 

Sea-Brooke  is  fyned  forty  shillings,  for  not  sending  y^  Lists 
of  theire  estates  to  the  Courte. 

Norwacke  is  fyned  in  like  manner,  for  y^  same  defect,  40ss. 

The  Lists  of  the  persons  and  estates  in  ye  severall  Townes 
within  this  Jurissdiction: 


Persons. 

Estates:  £. 

Persons.      Estates;  £. 

Hartford, 

176. 

19525. 

Sea-Brooke, 

Windsor, 

152. 

15595. 

Norrwake, 

Wethersfeild, 

.102. 

12404. 

Strattford,      65.     8165.  10s. 

Farmington, 

52. 

5910. 

Fairefeild,      90.     9255.  18 

Midletowne, 

32. 

2315. 

Pequett. 

The  last  Wednesday  in  this  month  is  appointed  by  this 
Courte  to  bee  solemly  observed  a  day  of  publique  Thankesgiv- 
ing  to  ye  Lord  (for  renewed  mercyes,)  by  all  the  Plantations  in 
this  Jurissdiction. 

This  Courte  adiudges  yt  Wm.  Lewis  as  Attorny  to  John 
Cogg[  ]  shall  pay  unto  James  Wakely  thirty  shillings  for  his 
charges,  damages  &,  uniust  molestations  hee  has  sustained,  by 
reason  of  his  Attornyshipp  to  Stephen  Day,  of  Cambridge.* 
[69]  This  Courte  graunts  a  penny  in  the  pound,  to  bee  levied 
to  de[fray  the]  Country  charges  &  debts,  w^^  is  to  bee  paid 
three  fourths  in  wheat  and  pease  and  one  in  Indian. 

This  Courte  orders  that  Danniell  Porter  shall  bee  allowed 
and  paid  out  of  the  publique  Treasury,  as  a  sallery  for  the  next 
ensuing  yeare,  the  suin  of  six  pounds,  and  six  shillings  a  journy 
to  each  Towne  uppon  the  River,  to  exercise  his  arte  of  Chiur- 
gerie. 

The  Courte  is  adiourned  to  ye  last  Wednesday  in  March  next. 


March  26,   1656. 
Depuhjes:     Mr.  Fitch,  Mr.  Allyn,   Mr.    Woollcott,  Mr. 
Trott,   Mr.  Westwood,  Edw:  Stebbing,  Capt:  Willton, 
Nath:  Dickerson,  Andr:  Bacon,    Tho:   Coleman,  John 
Bissell,  Sam:  Bissell,  Rob:  Webster. 

*  [fn  margin:]  "  John  Cullick  dissents  from  the  Court  in  this  Act  of  theires  :  John  Cullick." 


280  PUBLIC     RECORDS 

It  is  ordered  by  the  Courte,  that  Mr.  Wollcott  shall  assist 
Mr.  Clarke  in  attending  the  defFects  about  trainings  in  the 
Towne  of  Wyndsor,  in  such  cases  as  2  Magistrates  have  power 
to  ishue. 

This  Courte  doth  graunt  the  request  of  Good:  Wads  worth, 
Good:  Lewis,  Good:  Wilterton,  Good:  Seager,  in  freeing  them 
from  training  &  watching. 

Capt.  Jno:  Cullick  this  day  promising  to  deliver  into  the 
Courte  the  originall  agreements  betweene  Mr.  Fenwick  &  this 
CoUony  for  what  they  purchased  of  him,  which  being  done,  this 
Courte  doth  order  that  this  Committee  now  chosen  shall  give 
Capt.  Cullick  a  trve  coppy  of  them  vnder  their  hands,  which 
shall  be  att  all  times  full  and  good  in  law  to  all  intents  &  pur- 
poses as  the  originall  writings,  which  writings  shall  be  sealed 
with  the  scale  of  the  Collony. 

The  names  of  the  Committe  now  chosen  to  subscribe  y^ 
aforesd  coppys  are,  Mr.  Welles,  Mr.  Webster,  Major  Mason, 
Mr.  Tallcott,  Mr.  Steele,  Mr.  Westwood,  Mr.  Woolcott,  Sam: 
Smith. 

Mr.  Webster,  Mr.  Tailcott,  Mr.  Fitch,  Mr.  Woolcott,  and 
Sam:  Smith  are  chosen  to  as  a  Committe  for  to  take  in  'the 
Accots  from  ye  Capt.  concerning  the  monies  pd  for  their  pur- 
chase of  Mr.  Fenwick. 

The  Courte  is  adjourned  to  this  day  fortnight,  if  the  Governor 
sees  cause  y^  to  call  it. 


[70]     A  Generall  Courte  of  Election   in  Hartford,  15 

May,  1656. 
Magistrates  elected  : 
Mr.  Webster  Esq'',  Governor. 
Mr.  Welles  Esqi",  Dep*.  Governor. 

Mr.  Hopkins  Esq"",  Magist.,  Mr.  John  Winthrope  Esq', 
Major  John  Mason,  Magistrate,  Mr.  John  Cullick, 
Magist:  <^  Sec".,  Mr.  John  Clarke,  Magistrate,  Mr. 
Willis,  Magistrate,  Mr.  Tallcott,  Magistrate  6f  Treasu- 
rer, Capt.  Topping  &  Mr.  Ogden,  Magist. 
Deputyes:      Mr.  Steele,   Mr.    Allyn,    Mr.  Gaylard,  Mr. 


OF     CONNECTICUT.  281 

Brewster,  Mr.  Trott,  Mr.  Ward,  Mr.  Hull,  absent,  Mr. 
Westwood,  Mr.  Newberry,  Nath:  Dickerson,  Sain: 
Smith,  Nath:  Ward,  Edw:  Stebbing,  Andr:  Bacon,  Tho: 
Coleman,  Edw:  Griswold,  Math:  Campfeild,  Hugh  Cal- 
kin, John  Brunson,  John  Hurd,  John  Welles,  John 
Clarke,  Robert  Webster,  absent,  Tho:  Allyn. 

Persons  made  free  : — Bartho:  Bernard,  Wm.  Gutteridge,  Ben: 
Harbor,  Philip  Davis,  Gabriell  Line,  Wm.  Judd. 

This  Courte  doth  graunt  that  John  Bissell  shall  keepe  the 
ferry  at  Wyndsor  for  the  next  ensuing  yeare,  being  ingaged  to 
performe  the  former  tearms  of  his  keeping  the  same  with  this 
addition,  that  whosoever  in  this  Jurisdiction  shall  be  listed,  with 
the  approbation  of  the  Gen:  Courte,  from  yeare  to  yeare,  for 
troopers,  shall  be  passage  free  for  horse  &  man,  so  long  as  he 
keepes  himselfe  vnder  &  performes  the  tearmes  of  his  listing,  so 
often  as  the  said  troopers  shall  with  their  listed  horses  travill  with 
them  to  Springfeild  towne  or  beyond. 

Major  Mason  &  Mr.  Tailcoate  are  chosen  Commissioners  for 
the  yeare  ensuing,  and  Mr.  Fitch  as  a  Reserve. 

Good:  Groves  is  chosen  an  Assi-stant  for  the  towne  of  Strat- 
ford, Ensigne  Gold  for  Fairefeild,  Good:  Campfeild  for  Nor- 
walke ;  Good:  Campfeild  is  ordered  to  give  the  oath  vnto  the 
other  two  Assistants. 

Mr.  Governos  Mr.  Deputy,  Mr.  Cullick  &  Mr.  Tailcoat  are 
desired  in  some  convenient  time  to  advise  w'h  the  elders  of 
this  Jurisdiction  about  those  things  y*  are  pi'sented  to  this 
Courte  as  grevances  to  severall  persons  amongst  vs ;  (and  if 
they  judge  it  nessisary,)  to  crave  their  healpe  &  assistance  in 
drawing  up  an  abstract  from  the  heads  of  those  things,  to  be 
p^sented  to  the  Gen:  Courtes  of  the  severall  vnited  CoUonyes, 
and  to  desire  an  answer  thereunto  as  sone  as  conveniently  may 
be. 

This  Courte,  at  the  request  of  Stratford,  doe  graunt  that 
theire  bounds  shall  be  12  myle  northward,  by  Paugasitt  River, 
if  it  be  att  the  dispose  by  right  of  this  Jurisdiction. 

Jonas  Wood  having  given  to  this  Courte  in  writing  vnder 
his  hand,  severall  complaintes  agt  some  persons  in  South  Hamp- 
ton mentioned  in  the  sd  writing,  &  hath  given  bonds  to  prosi- 
cute  his  complts.  to  abide  by  the  judgment  of  the  Gen:  Courte 


25 


* 


282  PUBLIC      RECORDS 

in  Octob""  next:  This  Courte  desire  the  Dep.  Governo'^  to 
write  to  Capt.  Topping  &  Mr.  Ogden  &  acqvaint  them  with  the 
aforesd  complaints,  and  thearfore  if  the  complaints,  with  the 
grounds  of  them,  are  not  timely  removed  and  satisfaction  made, 
it  is  desired  &  expected  that  the  respective  persons  concerned 
should  appeare  in  theire  owne  defence  at  the  aforesd  Gen: 
Courte,  the  first  Thursday  of  Octobr  next. 

Geo:  Fenwick  Esq"",  having  manifested  his  respect  to  this 
Collony  ingraunting  that  the  Towne  ofSeabrooke  should  have 
the  vse  of  the  Westerne  necke,  for  their  young  cattle  &  sheepe 
or  goates,  till  further  order  be  given  by  him  or  his  assigne,  he 
reserving  to  himselfe  y^  propriety  notwithstanding ;  The  Courte 
declares  themselves,  that  is  theire  apprihensions  yt  ye  benefit  & 
advantage  of  the  aforesd  graunt  should  belong  only  to  thos  per- 
sons that  cohabitt  in  the  towne  platte,  till  such  time  as  the 
aforesd  neck  be  called  for  again  by  &  for  the  vse  of  the  aforesd 
Geo.  Fenwick  Esq^  or  his  assigne. 

This  Courte  graunts  Mr.  James  Fitch  a  compitent  farme, 
conteining  bet:  2  &  300  Acres,  at  Menunketeseck,  so  far  as  it 
is  within  theire  power  to  make  the  aforesd  graunt. 
[71]  It  is  ordered  by  the  Courte,  y*  the  Assistant  &  Gierke  of 
the  Trained  Band  in  each  towne  of  Stratford,  Fairefeild  &  Nor- 
walke,  shall  hearby  have  power  committed  to  them  to  examin  & 
censure  all  defects  of  armes,  in  their  severall  townes  ;  and  allso 
deffects  vpon  training  dayes,  both  in  not  coming  late  or  other- 
wise; and  to  graunt  out  disstresses  ag*  the  respective  delinquents 
for  the  same. 

The   Courte  is  adjourned  to  the  day   before   the   Quarter 
Courte  in  Septembr  next. 


Generall  Courte   held  at  Hartford,    Octob''  2^,  1656. 

Mr.  Webster,  Governor. 

Mr.  Welles,  Dep.  Governor. 

Magistrates  :     Mr.  Clarke,  Mr.  Tallcott,  Mr.  Willys. 

Dep  :  Mr.  Steele,  Mr.  Allyn,  Edw:  Stebbing,  Wm.  Wads- 
worth,  Joseph  Mygatt,  Rich:  Butler,  Mr.  Gailer,  Mr. 
Clarke,  Mr.  Newberry,  Mr.  HoUister,  Mr.  Robbins, 
Good:  Dement,  John  Clarke,  Mr.  Ward,  Hen:   Grey, 


OF    CONNECTICUT.  283 

John  Herd,  John  Wells,  Lifeten^  Webster,  John  Brun- 
son,  Sam:  Haile,  Good:  Calkin. 

Vpon  ye  complaint  of  Jonas  Wood,  this  Courte  orders,  y* 
Mr.  Ogden  shall  bee  written  to  fro  this  Courte  to  graunt  exicu- 
tion  to  Jonas  Wood,  according  to  the  verdict  of  the  Jury,  ag* 
John  Cooper,  at  a  Courte  held  at  South  Hampton  about  a  yeare 
since. 

Ordered  by  the  Courte,  that  Tho.  Backsters  bill  or  bond  lying 
in  the  Courte  shall  be  returned  to  him  by  the  Secritary,  w"  it 
is  or  can  be  found. 

It  is  ordered  by  the  Courte,  y'  w*^  person  so  ever,  either  In- 
dians or  English,  shall  take  any  Wolfe  out  of  any  pit  made  by 
any  other  man  to  catch  wolfes  in,  whearby  they  would  defraude 
the  right  owner  of  their  due  from  the  towne  or  country,  every 
such  off'endor  shall  pay  to  the  owner  of  the  pit  10s.  or  be  whiped 
on  their  naked  bodyes  not  exceeding  6  stripes. 

Andr:  Bacon  &  John  Bernard  are  exempted  from  training  &. 
watching  &  warding,  by  the  Courte. 

It  is  ordered  by  this  Courte  &  y^  authority  thearof,  y*  none 
in  this  Common  Wealle  shall  sell  any  strong  liquors  after, 
above  85.  p""  gallon  by  retail,  sil:  any  yt  are  lycenced  except  y^ 
ordinary  keepf®,  who  shall  not  exceed  14s.  p'  gallon  by  retaile  ; 
this  order  to  begin  at  y^  1  Decembr  next,  &  this  order  to  con- 
tinue for  one  yeare  :  &  none  in  this  Common  weale  lycenced 
shall  sell  wyne  at  above  18d.  pr  qvart,  exept  to  ordinary  keep'"s 
who  are  not  to  exceed  2s.  p""  quart,  &  this  order  to  continve 
for  one  yeare  and  to  begin  1  of  December  next. 

Good:  Mygate  is  lycenced  to  sell  strong  lyquors  by  retaile. 

It  is  also  ordered  for  one  yeare,  yt  two  Magistrates  shall 
have  libertye  to  ly cense  such  as  they  see  meete,  if  thos  lycenced 
shall  retale*  to  sell. 

It  is  ordered  by  this  Courte  &  the  authority  thearof,  that  no 
towne  wthin  this  Jurisdiction  shall  entertaine  any  Quakers, 
Ranters,  Adamites,  or  such  like  notorious  heritiques,  or  suffer  to 
continve  with  them  above  the  space  of  14  dayes,  vpon  the  pen- 
alty of  5l.  per  weeke  for  any  towne  entertaining  any  such  per- 
son ;  but  the  townes  men  shall  give  notice  to  the  two  next 

•  This  word  should  be  refuse.  Several  obvious  errors  and  omissions  occur  in  the  record 
of  this  session,  which  is  not  in  the  hand  writing  of  Mr.  Cullick. 


284  PUBLICRECORDS 

Magistrates  or  Assistants,  who  shall  have  power  to  send  them 
to  prison,  for  the  securing  of  them  vntill  they  can  conveniently 
be  sent  out  of  the  Jurisdiction.* 

It  is  also  ordered,  y*  no  master  of  any  vessell  shall  land  any 
such  Heritiqs :  but  if  they  doe,  they  shall  be  compelled  to  trans- 
port them  againe  out  of  this  Collony,  (by  any  one  Magistrate  or 
Assistant,)  at  their  first  setting  saile  from  the  port  wheare  they 
landed  them,  duering  which  time  the  Assistant  or  Magistrate 
shall  see  them  secured,  vpon  the  penalty  of  20Z.  for  any  master 
of  any  vessell  y^  shall  not  transport  them  as  aforesd. 
[72]  It  is  allso  ordered,  y*  none  in  this  Collony  shall  sell  any 
Indian  any  horse  or  mare,  nor  any  boate  or  boate  riginge,  vpon 
ye  penalty  of  five  for  one,  for  any  such  default. 

It  is  allso  ordered  by  this  Courte,  that  vpon  consideration  of 
w*  was  commended  to  the  severall  Courtes,  to  have  vpon  re- 
corde  to  posterity  the  most  memorable  passages  of  Gods  pi^ovi- 
dence  f  &  settlinge  &  hitherto  continuing  his 

people  in  this  Country,  for  the  attaineing  hearof,  Major  Mason, 
Mr.  Stone,  Mr.  Goodv/yn,  Mr.  Wareham,  Mr.  Steele  &  Good- 
man Stebbing,  are  desired  to  meete  to  collect  such  remarkable 
passages ;  Mr.  Pell :  &  Mr.  Ward  are  desired  to  send  in  writing 
such  occurrances  by  the  sea-side. 

It  is  ordered  by  this  Courte,  that  such  Constables^  within 
this  Jurisdiction  shall  make  returne  of  their  warrants  at  Octob'" 
Courte,  which  they  received  the  spring  before,  &  ishue  their 
accounts  with  the  Treasuror  about  thos  collections  which  they 
were  adjoyned  to  attend  by  thos  warrants  for  Country  Levyes, 
vpon  the  penalty  of  405.  to  the  publike  Treasury,  for  every 
such  default. 

The  Lists  of  the  persons  &  estates  in  the  severall  Townes 
within  this  Jurisdiction  : — 

*  This  Order,  (with  the  three  which  next  follow,)  was  made  by  the  General  Court  in  con- 
formity with  a  recommendation  of  the  Commissioners  of  the  U.  Colonies,  who,  at  their  session 
in  September,  had  (upon  the  suggestion  of  the  Governor  and  Magistrates  of  Massachusetts  Colony,) 
"proposed  to  the  severall  Generall  Courts,  that  all  (Quakers,  Ranters  and  other  notorious  Here- 
tiques  be  prohibited  coinming  into  the  Vnited  CoUonyes,  and  if  any  shall  hereafter  come  or 
arise  amongst  vs,  that  they  be  forthwith  secured  and  removed  out  of  all  the  Jurisdictions." 

"  And  that  no  horse  or  mare,  young  or  old,  be  sould  to  any  Indian,  vnder  the  penalty  of 
five  for  one." 

"  And  also  that  no  boates  or  barkes  or  any  tackling  belonging  thearvnto  be  sould  to  any  In 
dian,  vndcr  the  penalty  of  five  for  one."     [Rec.  of  U.  Colonies.] 

t  Blank  in  the  original.  ^  For  '  each  Constable'  1 


/ 

OF     CONNECTICUT.  285 

Persons.  Estates.  Estates. 

Hartford,        188.   19675.  55.  0.  Stratford,  9033.    0.  0. 

Wyndsor,       152.   15531.    0.  0.  Middletowne,  2375.  10.  0. 

Wethersfeild,107.   12504.  10.  0.  Pequott,  6408.  11.  0. 

Norwaake,  3154.10.  0.   Seabrooke,  4931.    0.0. 

Fairefeild,  10053.    4.  0. 

This  Courte  graunts  a  Rate  in  the  Country,  to  bee  levyed  by 
virtue  of  the  Treasurors  warrants  to  the  Constables  in  each 
Towne,  for  three  farthings  in  the  pound,  to  bee  pd  halfe  in 
wheat  &  halfe  in  pease. 

This  Courte  orders,  that  when  John  Elderkin  doth  lay  downe 
the  ordinary  att  Pequott,  y^  &,  not  before  Geo.  Tounge  may 
have  a  lycence  from  any  one  Magistrate  to  keepe  an  ordinary 
according  to  the  orders  of  this  Courte,  in  the  aforesd  towne  of 
Pequot. 

It  is  ordered,  y*  next  Wednesday  come  3  weekes  shall  be 
kept  a  publique  day  of  Thanksgiving  to  the  Lord,  for  the  gen- 
concurrances  of  many  mercyes  the  yeare  past,  by  all  the  plan- 
tations in  this  Jurisdiction,  notice  being  to  be  given  to  y^  offi- 
cers in  each  towne  by  the  Deputyes  of  the  Courte  from  the  sd 
townes. 

This  Courte  orders,  that  in  ye  action  whearin  Sam:  Smith 
as  Attourny  to  Tho.  Stephenson,  did  cast  Mr.  Robbins,  10/., 
yt  execution  shall  be  respited  vntill  beter  proofe  appeare,  pro- 
vided he  bring  it  in  at  ye  Quarter  Courte  in  Septem:  next. 

The  Courte  is  dissolved. 

Some  other  orders  made  at  the  Courte  in  Octol/  4'^  1658. 

The  names  of  thos  that  are  appointed  by  the  Courte,  to  be 
Leather  sealers,  for  the  yeare  ensuing :  For  Hartford,  John 
Stedman,  Edw:  Grannis ;  For  Wyndsor,  Good:  Olderige,  Jobe 
Drake ;  For  Seabrook,  Jonath:  Rudd,  John  Olmesteed ;  For 
Stratford,  Good:  Groves,  &  Robert  Rice  ;  For  Norwaack, 
Richard  Olmesteed. 
[73]  Octobr  2d,  (56.) 

This  Courte  taking  into  serious  consideration  the  severall 
deceites  and  abuses  which  in  other  places  have  beene  and  are 
commonly  practised  by  the  tanners,  curlers,  butchers  and 
workers  of  Leather,  as  also  the  abuses  and  inconveniences 


286  PUBLIC     RECORDS 

which  acreu  to  the  several!  members  of  this  Common  wealth 
by  leather  not  sufficiently  tanned  and  wrought,  which  is  occa- 
tioned  by  the  necligence  &  vnskillfullness  of  thos  severall 
tradesmen,  which  before,  in  &  after  it  is  in  the  hand  of  y  tan- 
ner may  be  much  bettered  or  impayred,  for  prevention  hearof, 
it  is  ordered  by  this  Courte  and  the  authority  thearof, 

That  no  Butcher,  by  himselfe  or  any  other  person,  gash  or 
cutt  any  hide  of  ox,  bull,  steare  or  cow,  in  fleaing  thearof, 
whearby  the  same  shall  be  impayred,  vnder  the  penalty  of  12 
for  every  such  gash  in  hyde  or  skin. 

Nor  shall  any  person  or  persons  vseing  or  which  shall  vse 
the  mistery  of  tanning,  at  any  time  or  times  hearafter,  offer  or 
put  to  sale  any  kinde  of  leather  which  shall  be  insufficiently  or 
not  throughly  tanned,  or  which  shall  not  then  have  beene  after 
the  tanning  thearof  well  &  throughly  dryed,  vpon  paine  of  for- 
fiture  so  much  of  his  or  their  sd  Leather  as  by  any  searcher  or 
sealor  of  leather  lawfully  apointed  shallbe  found  insufficiently 
tanned  or  not  throughly  dryed  as  aforesd. 

Nor  shall  any  person  or  persons  vseing  or  occupying  the 
mistery  of  tanning  set  any  of  their  fatts  in  tann  hills  or  other 
places  wheare  the  woozes,*  or  Leather  put  into  tann  in  the 
same,  shall  or  may  take  any  vnkinde  heates,  nor  shall  put  any 
leather  into  any  hott  or  warme  oozes  w^soever,  on  paine  of  20l. 
for  every  such  offence ;  nor  shall  any  person  or  persons  vseing 
or  occupying  the  mistery  or  facultye  of  curreing,  burne  or 
scauld  any  hide  or  leather  in  the  curreing,  but  shall  worke  the 
same  in  all  respects  with  good  &  suffitient  liqvor  both  for  qual- 
iity  <&  quantity,  sutable  to  the  condition  of  the  Leather  dreast 
by  him  or  them,  on  paine  of  forfeture,  for  every  such  offence 
or  act  done  contrary  to  the  true  meaning  of  this  order,  the  full 
value  of  every  such  hide  marred  by  his  evell  workmanship  or 
handleing,  which  shall  be  judged  by  two  or  more  sufficient  and 
skillful  persons,  curreors  or  others,  and  their  oath  given  them 
for  that  ende  by  one  Magistrate  or  Assistant.  And  every 
towne  wheare  neede  is  or  shall  be,  shall  chuse  one  or  two  pei'- 
sons  of  the  most  able  &  skillfull  within  their  severall  towne- 
shipps,  &  present  them  to  y^  Courte  or  one  Magistrate  or  As- 

*  Ooze  ;  "  the  liquor  of  a  tan  vat."      Webster. 


/ 

OF     CONNECTICUT.  287 

sistant,  who  shall  appoint  and  sweare  the  sd  persons  by  their 
discretion  to  make  search  and  view  within  the  presincts  of  their 
limmites  as  often  as  they  shall  think  good  and  neede  shalbe, 
who  shall  have  a  mark  or  scale  prepared  by  each  towne  for 
that  purpose :  and  the  said  searchers,  or  one  of  them,  shall 
keepe  the  same  &  therewith  shall  scale  such  Leather  as  they 
shall  [finds]  suffitient  in  all  points,  one  or  other ;  and  if  the  sd 
searchers  or  any  one  of  them  shall  finde  any  Leather  sould  or 
offered  to  be  sould,  brought  or  offered  to  be  searched  or  sealed, 
which  shall  be  tanned,  wrought,  converted  or  vsed  contrary  to 
the  true  intent  &  meaning  of  this  order,  it  shall  be  lawfuU  for 
the  sd  searchers  or  any  of  them  to  seize  all  such  Leather  and  to 
retaine  the  same  in  their  custody,  vntill  such  time  as  it  bee  try- 
ed  by  such  tryars  &  in  such  manner  as  in  this  order  is  appoint- 
ed, viz  :  vpon  the  forfeture  of  any  Leather,  y^  Officer  so  seiz- 
ing ye  same  shall  w^^'m  3  dayes  call  to  him  3  or  4  men,  honest 
&  skillfull  in  such  ware,  to  view  the  same  in  the  presence  of 
the  perty,  who  shall  haue  timely  notice  thearof,  or  without  him, 
who  shall  certefye  vpon  their  oaths  to  the  next  Quarter  Courte 
or  one  Magistrate  or  Assistant,  the  defect  of  the  same  Leather, 
except  the  perty  before  submit  to  their  judgment.  Nor  shall 
any  searcher  or  sealor  of  Leather  refuse  with  convenient  speede 
to  seale  any  Leather  suffitiently  tanned  haveing  timely  notice  ; 
nor  shall  any  such  searcher  or  sealor  seale  that  which  is  insuffi- 
tiently  tanned,  vpon  the  forfeture  for  every  such  offence  [o/] 
10s;  &  the  fees  for  searching  ife  sealing  of  Leather,  shall  be 
2d  pi"  hide  for  every  number  vnder  five,  &  12^  for  every  dicker* 
of  Leather,  which  the  tanner  shall  pay  vpon  the  sealing  the  sd 
Leather,  from  time  to  time : 

[74]  Lastly,  its  ordered  by  the  authority  aforesd  yt  yc  severall 
fynes  &  forfetvres  in  this  order  mentioned,  be  eqvally  devided 
into  3  p^ts ;  one  part  to  the  Common  Treasurer  of  the  Country, 
3t  p"^!  to  the  Common  Treasury  of  the  towne  wheare  the  offence 
comitted,  one  3^^  p''t  to  the  seizor  or  seizers  of  such  Leather 
which  is  insuffitiently  tanned,  curried  or  wrought  fro  time  to 
time. 

*  Dicker  or  dicre ;  "a  quantity  of  leather  consisting  of  ten  bides."  Johnson. 
t  Thus,  in  the  Record. 


288  PUBLIC     RECORDS 

A  Generall  Court,  called  by  the  Gouernqi^  &  Magis- 
trates, THIS  26"i  of  Fes'",   1656. 
Joh.  Webster  Esq^,  Gouernoi". 
Tho:  Wells  Esqf,  Deputy. 
Magistrates  :     Major  John  Mason,  Capt.  John  CuUick, 

Mr.  Clarke,  Mr.  Willis,  Mr.  Tailecoat. 
Deputies  :     Mr.  Steele,  Tho:  Judd,  Robert  Webst^,   Geo: 
Graues,  Mr.  Trott,  Mr.   Robbins,   John  Dement,  Mr. 
HoUister,    Capt.    Denison,    Will:     Cheesbrook,  PhiUip 
Groues,  Willi:  Beardsly,  Mr.  Allyn,  Mr.   Gailerd,  Mr. 
Phelps,  Mr.  Clarke,  Nath:  Ely,   Sam:  Hale,  Cornelius 
Hull,  Henry  Grey,  John  Clarke,  Robert  Chapman,  Mr. 
Lord,  Will':  Wadsworth,  Joseph  Mygat,  Richard  Butler. 
This  Court  desires  that  Major  Mason  doe  warne  John  01m- 
steed.  Constable  in  Seabrooke,  to  appeare  at  the  next  session  of 
this  Court  in  Hartford,  to  answer  such  irregularities  in  attend- 
ing his  warrant  for  choise  of  Deputies  for  this  Court  as  shall  bee 
charged  &  proued,  complained  of  hereby  William  Waller,  where 
the  said  Waller  is  also  in  like  maner  to  be  warned  to  make 
good  his  compl*.     Voted. 

This  Courte  appointe  Mr.  Steele,  Mr.  Allin,  Mr.  Dan:  Clarke, 
Mr.  Lord,  William  Wadsworth,  Mr.  Hollisf,  John  Deming, 
Robert  Webster,  w^h  the  Magistrates,  to  bee  Committee,  to  giue 
the  best  safe  advice  they  can  to  the  Indians,  if  they  agree  to 
meete  &  being  mett  shall  craue  the  same  of  them. 

This  Court  doth  order  that  Mr.  Warham,  Mr.  Stone,  Mr. 
Blinman  &l  Mr.  Russell  bee  desired  to  meet,  the  first  fifth  day 
of  June  next,  at  Boston,  to  conferre  &  debate  the  questions 
formerly  sent  to  the  Bay  Court,  or  any  olher  of  the  like  nature 
that  shall  bee  p^pounded  to  them  by  that  Court  or  by  c  owne, 
w'li  such  divines  as  shall  bee  sent  to  the  said  meeting  from  the 
other  Collonies ;  and  that  they  make  a  returne  to  the  Gen: 
Court  of  the  issue  of  their  consultations.     Voted. 

It  is  also  ordered,  that  a  coppy  of  the  former  order  bee  sent 
to  the  foure  YiW^  chosen  for  the  Synnod,  w^h  a  coppy  of  12 
questions  more,  w^h  this  Court  hath  agreed  should  bee  sent 
by  the  first  opportunity  to  the  Gouernor  in  the  Bay,  for  the 
Synnod  to  consider  w^^  the  former  questions.     Excluded. 


/ 

OF     CONNECTICUT.  289 

It  is  also  ordered,  that  the  Deputies,  w^^  the  Deacons  of  the 
Church  in  each  towne,  take  care  that  their  said  E\d'^^  bee 
comely  &.  honorably  attended  &  suited  w^h  necessaries  in  their 
journey  to  the  Bay  and  home  againe ;  and  that  the  same,  w^h 
their  p'"portion  of  charge  in  the  Bay,  'during  their  abode  there 
vpon  this  seruice,  bee  discharged  by  the  Treasurer ;  and  also 
the  Deputies  are  impowered  to  presse  horses  (if  need  bee,)  for 
the  end  aforesaid.      Voted. 

It  is  ordered,  that  the  levy  vpon  the  seurall  townes  for  the 
Country,  by  the  last  Court,  shall  bee  made  for  a  penny  vpon 
the  pound.      Voted. 

[75]     This  Court  doth  grant  liberty  to  Sam"  Marshall  of  Wind- 
zor,  to  sell  strong  liquors  by  retaile,  for  the  space  of  one  yeare. 

This  Court  confirmes  the  former  grant  (prooued  to  them)  of 
20  myle  Hand,  w^h  the  meadow  adioyning  on  the  east  side  the 
great  Riuer,  &  comonage  appertaining,  to  Robert  Chapman  of 
Seabrook. 

Robert  Webster  is  confirmed  Recorder  for  the  Towne  of 
Middletowne,  according  to  their  desire.     Voted. 

Whereas,  there  is  p^uision  made  formerly,  against  all  vnlaw- 
full  games,  but  the  Court  hath  not  explained  themselves  so  farre 
as  there  may  bee  need,  what  games  they  iudge  &  condemne  as 
altogether  vnlawfull,  in  the  very  nature  of  them.  It  is  now  or- 
dered, that  if  any  person  or  persons,  of  what  rank  or  quallity 
so  euer,  in  this  Jurisdiction,  shall  after  the  publishing  of  this 
order,  play  at  Cards,  Dice,  Tables,  or  any  other  game  wherein 
that  great  &  sollemne  ordinance  of  a  Lott  is  expressly  &  di- 
rectly abused  &  p^phaned,  the  persons  playing  or  that  shall 
play,  more  or  lesse,  at  any  of  the  aforesaid  games,  shall  pay  for 
euery  offence  2055.  a  peece  to  the  publicke  Treasury ;  &  the 
head  of  that  family  where  any  such  game  shall  bee  vsed  or 
played,  (if  hee  or  shee  know  of,  bee  priuy  to  &  allowe  any  such 
playing  in  their  house  or  houses,)  they  shall  pay  in  like  manner, 
2055.  for  each  time  any  such  game  is  played  in  part  or  whole, 
but  if  they  play  wthout  any  privity  or  knowledge  of  theirs, 
then  that  w<=''  otherwise  should  haue  bene  paid  by  them  shall 
bee  paid  by  the  said  gamesters  or  play^  that  is  to  say  that  the 
persons  playing  shall  pay  2055.  a  time  for  euery  time  they  play 
at  any  of  the  aforsaid  games,  more  then  his  foi'mer  penalty,  to  the 
26 


290  PUBLIC      RECORDS 

publicke  Treasury;  onely  it  is  p''uided  that  one  third  part  of  the 
penalties  shall  bee  to  the  party  or  parties  that  shall  discouer  and 
prooue  the  same  to  the  Court.^    Voted. 

It  is  ordered,  that  the  sallery  formerly  allowed  Daniell  Por- 
ter shall  bee  continued  to  him  for  the  next  ensuing  year,  after 
the  end  of  his  last  sallery.      Voted. 

Mr.  Tho:  Fitch,  of  Norwalke,  beeing  p>"sented  to  this  Court 
as  chosen  by  that  Towne  for  Clarke  of  their  trained  band  & 
Recorder  of  lands,  is  confirmed  by  this  Court  in  the  aforesaid 
respectiue  ofSces  &  imployments.     Voted. 

This  Court  hauing  read  and  considered  a  certificate  from  Mr. 
Laurence  Cornelius,  Dutchman,  (&  the  Townsmen  of  Pequett,) 
they  doe  declare  and  shew  that  they  allow  and  confirme  the  act 
of  the  Towne  or  Townsmen  of  Pequet  in  admitting  the  said 
Lawrence  Cornelius  an  inhabitant  of  that  Towne,  to  haue  free 
trade  amongst  oJ'selues ;  p  uided  in  all  things  hee  obserues  & 
kepes  all  the  wholesome  lawes  and  orders  of  this  Jurisdict:  that 
either  are  or  shall  be  made. 

This  Court  doth  order  that  those  that  shall  hereafter  bee 
made  free,  shall  haue  an  affirmatiue  certificate  vnder  the  hands 
of  all  or  the  major  part  of  the  deputies  in  their  seuerall  townes, 
of  their  peaceable  and  honest  conuersation,  and  those  and  only 
those  of  them  w^h  the  Gen:  Court  shall  approue  shall  bee  made 
free  men.      Voted. 

[76]  The  Deputyes  are  desired  to  bring  a  list  of  the  names  of 
ihe  Freemen  in  their  seui'all  Townes  to  the  Gen:  Court  in  Octo- 
ber next. 

The  Court  hereby  manifests  their  desires  that  the  reuerend 
Eld^'s  of  the  Counsell  who  formerly  transacted  the  differences 
of  Hartford  Church,*  would  giue  a  meeting  to  the  reuerend 
Eld^s  of  the  Bay  that  haue  tendred  themselues  voluntarily  to 

•  "  It  appears,  that  about  the  years  1654  and  1655,  several  councils  of  the  neighboring  elders 
and  churches  were  called,  to  compose  the  differences  between  the  parties  [in  the  church  at 
Hartford.]  They  labored  to  satisfy  them,  with  respect  to  the  points  in  controversy.  But  the 
brethren  at  Hartford  imagined  that  all  the  elders  and  churches  in  Connecticut  and  New  Haven 
were  prejudiced  in  favor  of  one  party  or  the  other,  and  therefore  they  would  not  hear  their 
advice.  For  this  reason  it  was  judged  expedient  to  call  a  council  from  the  other  colonies. 
6ome  time  in  the  year  1656,  it  seems,  a  number  of  elders  and  churches  from  Massachusetts 
came  to  Hartford,  and  gave  their  opinion  and  advice  to  the  church  and  the  aggrieved  brethren 
But  it  appears,  that  in  the  apprehension  of  the  aggrieved,  tlie  church  did  not  comply  with  the 
result."     [Trumbull's  Hist,  of  Conn.  I.  297.] 


OF      CONNECTICUT.  291 

come  vp  hither  to  consider  and  consult  w^h  way  may  bee  most 
agreeable  to  the  rule,  to  put  an  end  to  the  difference. 

2.  The  Court  desires  that  Hartford  Church  would  write  to 
the  former  Counsell  to  come  together  to  Hartford  to  see  if  they 
can  compose  the  differences  amongst  themselues  in  this  Interim  : 
if  not  the  former  request  to  bee  attended. 

3.  That  there  may  be  letters  gratulatory  returned  to  the  reu- 
erend  Eld^s  in  the  Bay,  for  their  respect,  &  to  continue  their 
former  resolutions  to  come  vp  to  helpe  in  these  cases. 

4.  The  Court  desires  that  Mr.  Stone  &  the  Church  should, 
together  w^h  their  letters  of  request  to  the  former  Counsell, 
declare  also  vnto  one  or  more  of  them,  in  writing,  the  p^ticu- 
lars  wherein  they  are  not  sattisfyed  w^h  the  determination  of 
the  Counsell.  Mr.  Dan:  Clarke  is  desired  to  draw  the  letters  to 
the  Eldrs  in  the  Bay,  and  to  the  form^  Counsell. 

At  the  same  time,  Mr.  Gouernor,  Capt.  Cullicke  &  Mr.  Steele, 
(hauing  no  hand  in  the  pi'mises,)  did  seuerall  times  expresse 
themselues  openly  in  the  Court,  to  this  purpose ;  that  though 
they  did  exceeding  greatly  desire  any  way  that  might  bee  dis- 
couered  to  bee  the  way  of  God  should  bee  attended  for  the  heal- 
ing of  those  sad  differences  in  the  Church  of  Christ  at  Hart- 
ford, yet  being  not  able,  (though  oft  desired,)  to  obtaine  any 
thing  from  the  Court  that  might  make  it  appeare  that  that  w^^^ 
they  haue  done  w^as  (all  things  considered)  the  next  way  of  peace  _ 
according  to  God,  they  w^iheld  their  votes ;  but  did  much  & 
often  expressly  desire  that  the  former  Counsell  might  bee  first 
showed  the  grounds  &  reasons,  why  the  Church  at  Hartford 
could  not  submit  to  the  advice  giuen,  as  the  dissenting  brethren 
had  done ;  wherein  the  Counsell  missed  any  rule  of  Christ  in 
their  aduice  for  their  conviction ;  and  if  the  Counsell  did  not 
returne  a  sattisfying  answer,  then  they  should  bee  willing  further 
meanes  should  bee  attended ;  yet  none  of  these  things  could 
bee  obtained. 

[/n  the  margin ;]  The  Courte  is  adjourned  to  the  2^^  Thursday 
in  Aprill. 

Whereas,  there  is  great  complaint  of  the  dainage  that  doth 
acrew  vnto  this  Comonwealth  by  the  vnruliness  of  Swyne,  It  is 
ordered  by  this  Court  &  the  authority  thereof,  that  after  the  pub- 
lication of  this  order,  no  Swyne  shall  goe  w'^out  rings,  at  any 


292  PUBLIC      RECORDS 

time  in  the  yeare,  that  are  out  of  mens  owne  yards,  or  wt^in 
foure  miles  of  any  meeting  house  ;  And  those  that  shall  pound 
suchswyne  shall  haue  sixpence  apeice,  besides  2c?.  a  peice  due 
to  the  pound  keeper  &  iust  damages.  The  Court  doth  also  re- 
ferr  it  to  the  seuerall  Townes,  to  appoint  some  that  shall  attend 
the  execution  of  this  order.  This  order  to  take  place  vpon  any 
swine  of  aboue  a  quarter  of  a  yeare  old  ;  only  it  is  declared  that 
this  order  concernes  all  the  Townes  in  this  Jurisdiction,  except 
[77]  Windzor,  on  whom  this  order  takes  place  if  their  Swyne  shall 
bee  found  to  goe  w^^out  rings,  at  any  time  of  the  yeare,  that  are 
out  of  mens  owne  yards  or  w^hin  three  miles  of  the  great  Riuer. 

Those  that  were  made  free  men  at  this  Court,  are  as  foUow- 
eth : — Mr.  John  Haynes,  Stephen  Hopkins,  Tho:  Butler,  John 
Pratt,  Daniell  Pratt. 

It  is  ordered  by  this  court,  that  while  the  ministry  is  main- 
teined  at  Paucatuck,  the  charge  thereof  &  of  the  ministry  at 
Pequett  shall  be  borne  as  the  major  part  of  the  inhabitants  shall 
agree  and  order,  that  is  whether  Pawcatuck  shall  by  &  of 
themselues  maintaine  their  minister  &,  Pequett  their  minister, 
or  whether  they  shall  both  maintaine  both  their  Ministers  in  a 
joynt  way. 

Sam:  Smith  of  Pequett  is  confirmed  Leiuten*  to  the  trained 
band  in  that  Towne. 

George  Tong  is  confirmed  ordinary  keeper  in  the  Towne  of 
Pequett. 

This  Court  orders  that  a  certificate  shall  be  sent  to  Cuscaci- 
nimo,*  by  the  Sec,  to  let  him  vnderstand  that  this  Court  allowes 
him  to  keep  the  Mohegins  or  others  of  Vncasses  men  that  are 

*  Elsewhere,  Cassasinanion,  or  Robin  Cassinomon;  aPequot  Indian,  and  one  of  the  number 
of  tributaries  assigned  to  the  government  of  Uncas,  after  the  conquest.  He  entered  the  ser- 
vice of  Mr,  Winthrop,  shortly  after  the  coming  of  the  latter  to  Pequot.  In  16  47,  Mr.  Winthrop 
presented  to  the  Commissioners  of  the  U.  Colonies  the  complaint  of  Robin  and  other  Pequots, 
of  the  injustice  and  tyranny  of  Uncas,  with  their  petition  to  be  taken  under  the  immediate  gov- 
ernment of  the  English,  and  have  some  place  appointed  "where  they  might  hve  peaceably." 
Their  request  was  not  at  this  time  granted  ;  but  in  1654,  Robin,  in  consideration  of  his  service 
promised  to  the  Enghsh  in  the  proposed  expedition  against  Ninigret  and  the  Niantics,  was  freed 
from  his  subjection  to  Uncas  or  "  any  Indian  Sachem  further  than  the  Commissioners  should 
direct,  and  taken  under  the  protection  of  the  English  and  freed  from  tribute."  The  following 
year  (Sept.  1655,)  he  was  appointed  by  the  Commissioners,  Chief  or  Governor  of  the  Pequot 
tributaries  at  Nameag  (or  Nameoke,)  and  JVawyunckque  («.  e.  on  both  sides  of  Mystic  River,) 
in  which  post  he  was  continued  for  many  years.  [Rec.  of  U.  Col.;  Hazzard's  Coll.  ii.  87,  92, 
326,  334.] 


/ 


OF      CONNECTICUT.  293 

wth  him,  till  hee  receiues  further  order  from  the  Gen:  Court,  or 
the  Comission'"s,  to  whom  they  haue  writt  for  advice,  except 
Vncas  desires  them  &  they  desire  themselues  to  goe  to  Vncas. 

This  Court  doth  order,  that  by  admitted  inhabitants,  specified 
in  the  7^^  Fundamentall,  are  meant  only  housholders  that  are 
one  &  twenty  yeares  of  age,  or  haue  bore  office,  or  haue  30/. 
estate. 

It  is  also  ordered,  that  not  lesse  than  two  Magistrates  shall 
giue  the  oath  of  fidellity,  at  a  publicke  meeting  warned  by  due 
&  orderly  notice  giuen  for  the  said  publicke  meeting. 

This  Court  orders,  that  no  Indians  shall  make  any  hostile  at- 
tempt vpon  any  Indian  or  Indians  in  any  Town  or  house  in  this 
Jurisdiction,  neither  shall  they  march  through  any  Towne  w^^ 
theire  armes,  or  in  a  hostile  manner. 

This  Court  orders  that  next  Wednsday  come  fortnight,  being 
the  25th  of  this  instant,  shall  bee  obserued  &  kept  a  day  of  pub- 
licke humilliation,  by  all  the  Plantations  in  this  Jurisdiction, 
to  seeke  the  presence,  guidance  &  direction  of  the  Lord  in  ref- 
ference  to  the  Synnod,  &  the  other  waighty  concernm**  &  dif- 
ficulties of  this  Jurisdiction ;  &  the  Deputyes  in  each  Towne 
are  desired  to  acquaint  their  respectiue  Eld^s  w*h  the  same. 


[78]     An  Adjournm*  of  the  Gen^i  Court,  Aprill  9*^,  1657. 

Mr.  Webster,  Gou^no^. 

Mr.  Wells,  Deputy.] 

Magistrates:  Major  Mason,  Mr.  Clarke,  Mr.  Cullick, 
Mr.  Willis,  Mr.  Tailcoat. 

Deputyes  :  Mr.  Allin,  Mr.  Phelps,  Mr.  Gaylerd,  Mr.  Trott, 
Mr.  Clarke,  Mr.  Lord,  Will:  Wadsworth,  Mr.  Robbins, 
Leiftnt  Hollistr,  Joseph  Mygatt,  John  Deming,  Nath: 
Ely,  Henry  Grey,  John  Clarke,  Robert  Chapman,  Sam: 
Hales,  Geo:  Graues. 

John  Packer  testifieth  vpon  oath,  that  at  a  Towne  meeting 
at  Pequett,  the  major  part  of  those  who  were  present  did  vote 
that  the  inhabitants  of  Mistick  &  Paucatuck  should  bee  a 
Towne  of  themselues ;  and  that  hee  opposed  the  putting  it  to 
^'ote,  and  that  hee  voted  against  it  himselfe. 
2G* 


294  PUBLIC     RECORDS 

Nic:  Sension  is  made  a  freeman. 

There  being  a  most  horrid  mm'der  committed  by  some  In- 
dians at  Farmington,  and  though  Mesapano  seemes  to  bee  the 
principall  acter,  yet  the  accessories  are  not  yet  clearely  dis- 
coui'ed,  and  none  brought  to  a  legall  triall,  It  is  ordered,  that 
Tekomas,  Agedowsick  &  Wonanntownagun  ahas  Great  James, 
should  bee  kept  as  pledges  in  the  prizon  till  the  murtherers  & 
accessaries  are  brought  forth  to  due  triall  &  judgm* ;  only  the 
Court  orders  that  when  Tekomas  his  2^  sonne  shall  be  deliuered 
up  as  a  pledge  in  his  Fathers  stead,  then  Tekomas  shall  be  free. 

Also  the  Court  orders,  that  all  the  estate  of  Wepaqum  in  the 
ha^ids  of  Mr.  Newton,  shall  bee  sequestred  for  the  Countreys 
security,  till  the  murtherer  &  accessaries  are  deliuered  vp  to  the 
justice  of  this  Court. 

Instructions  to  those  who  are  to  goe  to  Norwootuck  &  Pa- 
cumtuck ;  that  they  shall  acquaint  the  Sachem  and  chiefe 
there  w^^  the  horrible  bloody  act  that  is  lately  done  at  Farming- 
ton,  and  tell  them  that  wee  expect  that  they  and  all  or  any  other 
Indians  whatsoeuer  shall  forthw^h  send  Mashupanan  or  any 
other  that  are  accessary  to  that  bloody  act,  either  w^^  these  o"^ 
messengrs  or  so  soone  as  hee  or  any  other  accessary  thereto  bee 
p'cured  by  them,  &  tell  them  that  wee  shall  looke  at  them  or 
any  other  that  detaine  Mashupanan  or  any  that  are  accessarie 
in  this  act,  as  our  enimyes. 

The  persons  the  Court  appoynts  w^h  all  speed  to  attend  this 
seruice  are  Jonathan  Gilbert  &  John  Gilbert  from  Hartford,  & 
the  Deputies  in  Windzor  are  desired  to  prouide  an  able  man  to 
joyne  w^^  them  herein. 

It  is  ordered,  that  it  shall  not  bee  lawfull  for  aboue  two  In- 
dians at  a  time,  &  they  without  any  armes,  to  come  into  any 
To\yne  or  house  in  this  Jurisdict:  till  the  Court  shall  take  fur- 
ther order. 

This  Court  also  desires  that  the  inhabitants  of  Farmington 
would  vse  their  best  indeauo^s  to  search  out,  app^hend  &  bring 
before  the  Gouernoi',  either  Mesupano,  Cherry,  or  any  other  that 
may  iustly  bee  suspected  to  bee  guilty  of  &  accessary  to  the 
aforesaid  bloody  fact. 

[79]     Nathan  Gold  is  approued  by  this  Court  to  bee  put  to 


OF     CONNECTICUl'.  295 

election  at  the  next  Gen"  Court  of  Election,  for  to  bee  a  Magis- 
trate in  this  Jurisdict:  for  the  yeare  ensuing. 

The  Commission  of  Major  John  Mason,  of  Seabrooke,  sent 
from  seui'all  Magistrates  &  Deputies,  as  a  Committee  ap- 
pointed by  the  last  Gen:  Court,  to  attend  any  cause  or  exi- 
gent  that   might    accrew    w^^    concernes    this    Comon- 
wealth,  but  especially  concerning  the  Indians,   before  the 
next  Genii  Court  of  Election. 
May  15th,  57.     Whereas  the  aforesaid  Committee  haue  re- 
ceiued  credible  information  of  seuerall  insolent  iniuries  &  insuf- 
ferable outrages  coiTiitted   against   the   inhabitants  of  South 
Hampton,  by  some  Indians  vppon  Long  Hand  neare  to  the  said 
South  Hampton,  but  such  as  owne  the  Montacutt  Sachem  as 
their  Sachem  or  chiefe,  they  doe  therfore  hereby  send  you  (as 
their  Agent,  in  the  behalfe  of  this  Collor:|y,)  w^^  19  men  vnder 
yo''  comand,  to  South  Hampton  vpon  Long  Island,  where  you 
are  to  consider  of  all  matters  &  things  whatsoeuer  that  may  ap- 
peare  necessary  to  bee  considered  and  4ttended,  according  to 
yo""  ensuing  instructions,  &  you  are  to  certify  vppon  all  occa- 
sions what  shall  bee  the  result  &  issue  of  yo^  negotiations,  in 
refference  to  the  pi'mises. 

Instructions  for  Major  John  Mason,  of  Seabrooke,  sent  w^i^ 
Commission  from  the  Committee  appointed  by  the  Gen: 
Court  of  Connecticutt,  Aprill,  1057. 

You  are  w^h  all  convenient  speed  to  saile  w^i^  yo""  men  to 
South  Hampton,  where  you  may  meet  w^h  the  Magistrates 
there  belonging  to  this  Collony,  taking  in  Leiften*  Bull,  w^^ 
such  assistants  there  in  counsell  as  they  &  you  shall  agree  vpon, 
who  are  to  consider  &  attend  what  shall  bee  presented  in  ref- 
erence to  the  p^'mises,  according  to  the  ensuing  instructions  : — 

You  are  to  get  clearly  interpreted  to  the  Montacutt  Sachem 
the  declaration  of  the  Commission''^,  w^^  Mr.  Ogden  will  shew 
you,  in  the  transcript  hee  hath  from  hence,  &  a  coppy  left  w^h 
them : 

1.  You  are  to  inquire  &  search  out  what  is  the  iniury  there 
done  &  when. 

2.  You  are  to  inquire  &  search  out  by  whom  such  injury  is 
done,  &,  the  true  vallew  of  the  dammage. 


296  PUBLIC     RECORDS 

3.  If  you  finde  it  or  any  part  of  it  to  bee  done  by  the  Indians 
or  any  of  them  vnder  the  Montacutt  Sachem,  then  you  are  to 
finde  out  so  farre  as  you  can,  by  what  or  how  many  Indians 
such  injury  is  done,  either  as  agents  or  accessaryes. 

4.  You  are  to  require  of  the  Montacutt  Sachem  such  dam- 
age as  you  shall  find  done  by  any  Indian  or  Indians  vnder  him, 
or  otherwise  the  iniurious  agents  &  accessaries,  according  to 
law  &  the  articles  of  agreem*  betwene  him  &  vs. 

5.  If  hee  declares  himselfe  vn willing  to  attend  this,  so  farre 
as  hee  is  able,  you  are  speedily  to  informe  thereof. 

[80]  6.  If  hee  declares  himselfe  willing  to  attend  it,  but  pleades 
his  inability  to  effect  il,  and  therefore  desires  the  assistance  of 
the  English,  you  are  (w^^  what  men  shall  bee  thought  meet)  to 
assist  him  &  his  men  to  go  to  the  plantation  of  Indians  vnder 
him,  that  haue  committed  this  outrage,  of  whom  it  is  expected 
by  this  Collony  that  hee  should  before  you  require  satisfaction 
for  the  damage  done,  which  if  denyed  or  delayed,  then  that  hee 
demands  of  them  the  agents  and  accessaries,  (w^h  you  or  hee 
shall  find  out,)  to  the  aforesaid  injury,  that  they  are  by  them 
speedily  deliuered  vp  to  yCselfe  &  the  Magistrates  in  that 
Towne ;  if  attained,  you  are  to  leaue  them  w^h  those  that  are 
injured,  for  their  satisfaction,  according  to  the  act  of  the  Com- 
ission''s.  If  peremptorily  denyed,  you  are  speedily  to  informe 
the  next  Gen:  Court,  Gouernof  or  Magistrates  of  the  same,  ex- 
cept the  strength  w^^  you  &.  there  can  compell  them.  If  de- 
layed, then  if  you  see  they  will  come  to  any  termes  that  will  be 
for  the  hono""  of  the  English  and  the  sattisfaction  of  the  injured 
persons,  they  may  agree  w^h  them  as  they  can,  any  thing  herein 
to  the  contrary  notw^f^standing. 

7.  You  are  to  take  charge  of  the  aforesaid  men  sent  you  w^h 
their  prouision  &  ainunition,  as  also  all  other  that  you  shall  see 
meet  to  raise  there  to  the  furtherance  of  this  worke,  who  are 
injoyned  to  bee  vnder  yo""  command  at  all  times  &  in  all  things, 
both  for  assisting  o^  freinds  there  in  their  iust  defence,  by  watch- 
ing, warding,  or  otherwise,  as  you  &  those  in  counsell  w^^  you 
shall  iudge  the  case  doth  require. 

8.  Wee  doe  not  iudge  it  convenient  that  you  should  in  yo'' 
owne  person  make  after  any  Indians  in  the  woods,  where  you 
can  find  or  come  at  them. 


/ 


OF      CONNECTICUT 


297 


Lastly,  if  you  cannot  attend  this  seruice,  then  Leiften*  Tho: 
Bull  is  to  attend  it,  &.  is  invested  w^^  all  the  power  heereby  com- 
mitted to  you. 


At  a  Generall  Court  of  Election,  21  ^^  of  May,  1657. 
Magistrates  elect : 
John  Winthrop  Esq^,  Gouern"". 
Tho:  Wells  Esq--,  Deputy. 
John  Webster  Esqr,  Magist:     Mr.  Tailcott,  Mag: 
Major  Jno  Mason,  Magist:  ■      Mr.  Nathan  Gold,  Mag: 
Mr.  CuUick,  Magist  ^  Secrf.  Mr.  Gosmore,  Mag: 
Mr.  Clarke,  Magist:  Mr.  Ogden,  Magist: 

Mr.  Willis,  Mag: 

Deputies :     Mr.    Steele,  Mr.   Phelps,    Mr.   Gailard,   Mr. 
Trott,  Mr.  Robbins,  Mr.  Brewster,  John  Deiiiing,  Math: 
Camfield,  James  Morgan,  John  Wells,  Rich:  Butler. 
Were  made  free  before  the  Court,  those  whose  names  are 
underwritten  : 

Tho:  Hubbard,  Rich:  Seager, 

Will:  Filly,  Nath:  Seely, 

John  Denslow,  Sam:  Cheesbrook, 

Sam:  Bissell,  Will  Hought, 


Jonath:  Gillet,  Juni"",  Tho:  Adgate, 
James  Eglstone,         Francis  Grizwald, 
Thomas  Huntington,  John  Norton, 
Ambroze  Fowler,       William  Goodwin, 
John  Graues,  Robert  Lay, 

[81]  Sam:  Rockwell,  Joseph  Bird," 
Sam:  Gibbes,  Rich:  Wakely, 

Edw:  Andrewes,        Andrew  Sanford, 


Begatt  Eglstone, 
Sam:  Church, 
Tho:  Burnham, 
John  Baily, 
John  Root, 
Tho:  Fitch, 
John  North, 


Josias  Elseworth, 
Nath:  Winchell, 
Fra:  Hall, 
Symon  Lobdell, 
Geo:  Woolcot, 
John  Harrison, 
Enoch  Buck, 


Josias  Arnold, 
John  Cole, 
John  Butler, 
Sam:  Moody, 
Robert  Warner, 
Willi:  Cheeny, 
Willi:  Warde, 
John  Gilbert, 
Michael  Omphries, 
James  Treat, 
John  Deining  Junior, 
Nath:  Graues, 
Mathias  Treat, 
John  Palmer, 
Jonath:  Smith, 
Sam:  Belding, 
Henry  Palmer, 
Tho:  Dickerson, 
Mr.  Sam:  Wells. 


298  PUBLIC     RECORDS 

Willi:  Ventris,  John  Belding,  Robert  Foot, 

Nalh:  Woodroof,       Joseph  Smith,  Joseph  Dickerson.  . 

James  Bird,  Sam:  Wright, 

This  Court  doth  approue  of  the  place  for  a  farme  for  Mr. 
Haines,  at  Paucatuck,  w^h  Edward  Stebbin  &  John  White 
haue  loocked  out  for  him,  about  a  myle  &  halfe  beyond  Pauca- 
tuck Riuer,  as  is  expressed  in  an  order,  March,  '53-' 54,  &  for 
quantity  according  to  Mr.  Haines  his  grant  at  a  Court,  June,  '52. 

This  Court  doth  appoint  John  Bissell  to  keepe  the  Ferry  for 
one  yeare, — at  his  old  house. 

Thomas  Curtis  is  freed  from  training,  watching  &  warding. 

Jasper  Gunn  is  freed  from  training,  watching  &  warding, 
during  his  practise  of  phissicke. 

This  Court  orders,  that  this  clause  shall  bee  added  to  the  for- 
mer order  concerning  Leather,  That  no  Leather  shall  bee  sold 
or  offered  to  bee  sold  before  it  bee  sealed  in  the  Towne  where 
it  is  tanned,  &  in  case  it  bee  found  defectiue,  the  sealers  haue 
power  to  fine  it  or  seize  it.  And  in  case  the  owners  of  such 
Leather  submit  not  to  the  iudgment  of  the  sealers,  they  shall 
choose  3  or  4  able  men  as  a  Jury,  who  shall  iudge  of  the  case, 
whether  it  shall  bee  forfeited  or  fined  &  how  much, — w^h  fines 
or  forfeitures  shall  bee  disposed  of  as  in  the  former  order  con- 
cerning Leather.  And  that  no  raw  hides  shall  be  transported 
out  of  this  CoUony,  vpon  the  forfeiture  of  all  such  hides. 

This  Court  doth  approue  of  the  Commission  &  Instructions 
wch  the  Comittee  sent  w^^  Major  John  Mason  to  Long  Island. 

[82]  Mo7-e  acts  of  this  Court,  May,  '57. 

The  testimony  of  G:  Boon  vpon  oath,  that  hee  heard  it  ex- 
pressed by  those  that  heard  it  expressed  by  those  that  spake  in 
the  behalfe  of  Fairfeild  at  a  Gen^  Court,  that  they  did  not  desire 
the  land  aboue  the  path  at  the  Necke. 

Mr.  Brewster  is  chosen  an  Assistant  for  the  Towne  of  Pe- 
quett,  for  the  yeare  ensuing. 

The  Court  desires  Capt.  Cullick  to  write  a  letter  to  Mr.  Win- 
throp,  as  speedily  as  may  bee,  to  acquaint  him  to  what  place 
thet^ountry  hath  chosen  him,  &  to  desire  his  p^sent  assistance 
as  much  as  may  bee. 


appointed  L.  sealers  for  Fairfeild. 


OF     CONNECTICUT.  299 

John  Nott,  John  Cilburne  &  John  Betts  &  John  Dickerson 
are  confirmed  to  bee  Serjeants  at  Wethersfeild. 

Good:  Groues 

Good:  Fairchild 

Walter  Gailard  is  appointed  Leather  sealer  at  Windzor,  in- 
stead of  old  Oldrige. 

This  Court  doth  confirme  Mr.  Gold  to  bee  Leiften^  Nehe: 
Olmsteed  &  Rob*  Loockuet  to  bee  Serjeants  at  Fairfeild. 

Mr.  Deputy  &  the  Magistrates,  together  wth  Mr.  Allin,  Mr. 
Steele,  Mr.  Phelps,  G:  Migat,  Willi:  Wadsworth,  and  Mr.  Hol- 
lister,  are  chosen  as  a  Comittee  to  attend  any  occasions  as  the 
State  of  Comon  wealth  in  reference  to  the  Indians. 

The  Court  is  adjourned  vnto  the  second  Thursday  in  August, 
except  the  Magistrates  see  cause  to  call  it  sooner. 

Major  Mason  &  Mr.  Talcott  are  chosen  Commission''^  for  the 
yeare  insuing. 

Mr.  Steele  &  Good:  Mygatt  are  appointed  by  this  Court,  to 
demand  satisfaction  of  the  Indians  at  Farmington  for  such  dam- 
age w^^^  can  bee  duely  proued  to  bee  done  by  the  late  fyering 
a  house,  w^h  was  by  one  of  that  plantation,  as  also  to  acquaint 
them  that  the  Courts  mind  is  that  they  should  nominate  some 
one  to  bee  a  Sachem  ouer  them,  and  to  make  returne  hereof  at 
the  next  Sessions  of  this  Court. 

The  Courte  orders  that  the  chiefe  millitary  officer  of  Middle- 
towne,  w^'i  Geo:  Graues,  shall  haue  power  to  iudge  of  the  de- 
fects in  traynings,  watchings  &  armes. 

[83]  Mr.  Clarke  &  John  Allin  are  desired  to  p^sent  a  list  of 
the  names  of  them  that  desire  to  bee  troopers,  at  the  next  ses- 
sion of  this  Court,  w^'^  said  Court  is  to  approue  of  whom  they 
see  meet,  there  being  to  bee  added  to  the  former  preuiledges, 
that  if  any  troupers  horse,  being  called  forth  by  authority,  bee 
killd  in  warre,  the  country  shall  pay  for  him  ;  w^h  troup  of  horse, 
as  well  as  the  foot  companies,  are  to  bee  vnder  o^  Majors 
command. 

Capt.  Denison  doth  acknowledge  in  this  Court  that  hee 
wronged  Mr.  Blinman  &  missied  his  rule,  &  that  hee  spake  cor- 
ruptly in  saying  that  Mr.  Blinman  did  preach  for  Paucatuck  & 
Mistick  being  a  Towne  before  hee  sold  his  land  at  Mistick  a& 
aforesaid. 


300  PUBLIC      RECORDS 

This  Court  doth  order,  that  that  the  inhabitants  of  Mistick 
&  Paucatuck  shall  pay  to  Mr.  Blinman,  that  w^h  was  due  to 
him  for  the  last  yeare,  soil :  to  March  last. 

Mr.  Winthrop,  Major  Mason,  Capt.  Cullick,  Mr.  Tallcott  & 
Mr.  Allin  are  chosen  to  bee  a  Committee  to  meet  at  Pequett  to 
issue  matters  betwene  the  inhabitants  of  Mistick  &  Paucatuck, 
&  Pequett,  if  they  can,  or  else  to  make  a  returne  how  they 
leaue  things,  at  the  next  Generall  Court. 

This  Court  doth  declare  that  any  Assistant,  either  at  Strat- 
ford, Fairfeild  or  Norwake,  his  power  doth  extend  to  any  of 
those  three  plantations.  And  order  that  Good:  Camfeild,  who 
is  chosen  for  an  Assistant  for  Norwake,  shall  giue  the  oath  of 
freedome  &  of  a  Magistrate,  to  Ensigne  Gold. 

Math:  Camfeild  is  sworne  an  Assistant  for  the  yeare  ensuing 
according  to  the  extent  of  his  Comission. 


A  Session  of  the  Gen:  Court  in  Hartford,  12^'^  August, 

1657. 
Tho:  Wells  Esq^  Deputy. 
Magistrates:     Major    Jno.    Mason,    Capt.    Cullick,   Mr. 

Clarke,  Mr.  Willis,  Mr.  Tailcoat. 
Deputies :     Mr.  Steele,  Mr.  Phelps,  Mr.  Trott,  Mr.  Gailor, 
Mr.  Allin,  Mr.  Robbins,  Mr.  Dan:  Clarke,  Mr.  Brewster, 
Mr.  Lord,  Wm.  Wadsworth,  Joseph  Migatt,  John  Clarke, 
Robert  Chapman,  James  Morgan,  Rich:  Buttler. 
James  Morgan,  aged  about  50  years,  testifyed  vpon  oath  be- 
fore this  Court  that  hee  being  last  winter  at  Jacob  Waterhouse 
his  dwelling  house,  in  company  w^h  Mrs.  Brewster,  Goody  Wa- 
terhouse &  Capt.  Denison,  Thomas  Staunton  also  being  p^sent, 
hee  heard  the  said  Staunton  say  that  the  Comissionrs  had  cast 
of  Vncus,  &  hee  had  it  in  his  pockett  to  shew. 

This  Court  orders  &  appoints  that  Leiftent  Wm.  Lewis  should 
to  morrow  goe  to  Gilford,  &  if  vpon  inquiry  there  hee  vnder- 
stand  that  Thomas  Staunton  is  gone  to  Branford  &  not  return- 
ed, hee  is  to  goe  to  Mr.  Leet  &  desire  hee  would  take  order 
that  Thomas  Staunton,  in  that  Jurisdiction,  at  Branford  or 
elswhere,  shall  bee  forthwth  sent  to  Mr.  Wells,  Deputy  Gou- 
erno'',  or  else  take  security  for  40/.  that  hee  will  appeare  before 


OF     CONNECTICUT.  301 

the  Gen:  Court  at  Hartford,  on  Tuesday  next,  &  abide  the 
iud^mt  of  the  Court,  in  reference  to  such  things  as  shall  bee 
testify*^  against  him  by  Major  John  Mason. 
[84]  Copia. 

You  are  to  bring  or  cause  Thomas  Staunton  to  bee  brought 
before  the  Gen:  Court  in  Hartford,  on  Tuesday  next,  then  & 
there  to  answere  vnto  such  things  as  shall  bee  alieadged  against 
him  by  Major  John  Mason  &  for  so  doeing  this  shall  bee  yC 
war^ 

By  order  of  the  Gen:  Court  in  Hartford, 

J:  C:  Sec^y. 

To  Leiften*  Wm.  Lewis. 

/This  Court  duely  &  seriously  considering  what  euidence 
hath  bene  p^sented  to  them  by  Robert  Wade,  of  Seabrooke,  in 
reference  to  his  wiues  vnworthy,  sinfull,  yea,  unnaturall  cariage 
towards  him  the  said  Robert,  her  husband,  notw^'^standing  his 
constant  &  comendable  care  &  indeauo''s  to  gaine  fellowship 
w*''  her  in  the  bond  of  marriage,  and  that  either  where  shee  is 
in  England,  or  for  her  to  Hue  w^^  him  here  in  New  England; 
all  wch  being  slighted  &  rejected  by  her,  disownhig  him  &  fel- 
lowship wth  him  in  that  sollemne  couenant  of  God  betwene 
them,  &  all  this  for  neare  fifteene  yeares  ;  They  doe  hereby  de- 
clare that  Robert  Wade  is  from  this  time  free  from  Joane  Wade, 
his  late  wile  &  that  former  Couenant  of  marriage  betwene  them; 

This  Court  orders,  that  Mr.  Winthrop,  being  chosen  Gou^no' 
of  this  Collony,  shall  bee  againe  desired  to  come  &  Hue  in 
Hartford,  w^^  his  family,  while  hee  gou^nes,  they  grant  him  the 
yearly  vse  or  profits  of  the  housing  &  lands  in  Hartford  belong- 
ing to  Mr.  John  Haynes,  w^h  shall  be  yearly  discharged  out  of 
the  publicke  Treasury. 

Major  Mason,  Mr.  Talcott,  John  Cullick  &  Mr.  WiUis  are 
desired  to  take  the  first  oportunity  to  treat  w''*  Mr.  Winthrop 
for  that  end. 

The  Court  adjourned  to  Tuesday  next,  9  a  clocke. 

The  Narration  of  Major  John  Mason,  pi'sented  to  the  Courte, 
about  the  Narragansetts  beleaguering  of  Vncus,  at  Niantick,  is 
by  this  Court  accepted,  thankfullnesse  acknowledged,  &  order 
the  same  to  bee  recorded  on  the  back-side  of  the  said  Narra- 
tion. 

27 


302  PUBLIC     RECORDS 

This  Court  ordered  the  Seer'  to  write  to  the  Comissionra  in 
refference  to  Thomas  Staunton,  w^h  letter  was  read  &  approued, 
&  the  Sec^  ordered  to  send  the  same.* 

This  Court  orders  that  Mr.  Brewster  shall  haue  power  to  put 
4  or  5  men  into  the  fort,  who  shall  continue  there  2  or  3  dayes 
for  his  defence  against  the  Naragansets,  &  after  that  bee  so  in 
readinesse  that  if  Vncus  bee  againe  assaulted  by  the  Naragan- 
sets, they  w^^  10  or  20  more,  prouided  by  Mr.  Brewster,  shall 
beare  full  wittnesse  against  the  Narragansets  carriages,  till 
Vncus  his  returne  home  from  the  Comissionrs,  &  that  speedy 
notice  or  intelligence  shall  bee  giuen  to  the  Deputy  Gou^'no^  (if 
any  fresh  assault  should  happen,)  or  to  the  Comissionrs. 
[85]  Mr.  Tailcoat  is  desired  to  write  to  the  Norwuttuck  &; 
Pocomtuck  Indians  to  informe  them  of  the  time  of  the  meeting 
of  the  Comission^'s  &  that  if  any  of  them  haue  ought  against 
Vncus,  his  purpose  &  resolution  is  to  bee  there  to  answere  them, 
or  any  others. 

A  true  coppy  of  the  Counsells  answere  to  seuerall  questions 
sent  to  the  Massachusets  from  o'  Generall  Court,  being  p^sent- 
ed  to  this  Court,  signed  by  the  Reuerend  Mr.  Sam:  Stone,  in 
the  name  of  the  rest  of  the  Counsell,  They  doe  order  that  coppies 
should  goe  forth  to  the  seu'"all  Churches  in  this  Collony  as 
speedily,  <fe  if  any  exceptions  bee  against  any  thing  therein,  by 
any  Church  that  shall  haue  the  consideration  thereof,  the  Court 
desires  they  would  acquaint  the  next  Gen:  Court  in  Hartford, 
in.  Octo"^:  that  so  suitable  care  may  bee  had  for  their  solution  &l 
satisfaction. 

This  Court  considering  the  ingagemt  of  Edward  Lay  to  this 
Jurisdiction  (by  15/.  secured  in  Rich:  Feliowes  his  hand,)  of 
Robert  Codnams  estate,  that  the  said  Lay  should  appeare,  seuf- 
all  yeares  since,  at  Hartford,  to  answere  at  the  Court  his  abu- 
siue  cariage  &  expressions  before  seui^all  of  Seabrooke,  w^h  lo 
this  time  hee  hath  not  attended,  they  order  that  vpon  the  pay- 
ment of  5Z.  to  the  Treasure  by  the  said  Codnam  hee  shall  bee 
free  from  the  aforesaid  seizure  of  Robert  Codnams  estate' in  his 
hands,  &  the  said  Edward  Lay  shall  bee  free  from  the  forfeit- 
ure of  bond  &  contempt  therein,  w<=h  5Z.  being  paid  by  Codnam 

*  See  Rec.  of  U.  Col.,  in  Hazzard's  St.  Papers,  ii.  369. 


OF     CONNECTICUT.  303 

for  Edward  Layes  disappearance,  according  to  ingagemS  they 
iudge  that  Edward  Layes  estate  should  satisfy  Codnum  for  the 
same. 

This  Court  being  duly  sencible  of  the  danger  this  Comon 
wealth  is  in  of  being  poisoned  in  their  iudgm*  &  principles  by 
some  loathsome  Heretickes,  whether  Quakers,  Ranters,  Adam- 
ites or  some  others  like  them,  It  is  ordered  and  decreed,  that  noe 
Towne  or  person  therein,  wt^in  this  Jurisdiction,  shall  giue 
any  vnnecessary  entertainm*^  to  any  of  the  aforesaid  knowne 
hereticks,  vpon  penalty  of  fiue  pounds  for  each  Hereticque  en- 
terteind,  to  bee  paid  by  that  inhabitant  w^h  giues  such  intertain- 
ment  to  them  or  either  of  them,  &  fiue  pounds  a  weeke  for  each 
Hereticke,  to  bee  paid  by  each  Towne  that  shall  suffer  the  en- 
tertainmt  of  any  such  Hereticks,  as  also  5/.  a  person  that  shall 
at  any  time  vnnecessarily  speake  more  or  lesse  w^h  any  of  the 
aforesaid  Hereticks,  except  the  Magistrate,  Assistants,  Eld's  or 
Constable  in  this  Jurisdiction ;  all  w*^^  fines  to  bee  paid  to  the 
publicke  Treasury.  Also,  it  is  ordered,  that  any  Magistrate, 
Assistant  or  Constable,  in  each  plantation,  vpon  any  suspicion 
of  arfy  person  to  bee  such  an  Hereticke,  shall,  w^^  the  helpe  of 
their  Eld^  or  Side's  in  each  plantation,  examine  the  said  sus- 
pected person  or  persons,  6c  if  vpon  examination  hee  or  they 
judge  any  to  bee  such  Heretickes,  the  said  Magistrate,  Assistant 
or  Constable  shall  forthw't  send  them  to  prizon,  or  out  of  this 
Jurisdiction.  This  order  to  bee  added  to  the  former  order  in 
Octob^  (56.) 

||86]     This  Court  orders  that  if  Tho:  Staunton  comes  in  the 
vacancy  of  this  Court,  hee  shall  bee  required  to  put  in  security 
for  his  appearance  at  the  Court  in  Hartford  in  October  next. 
The  Court  is  dissolved. 

At  a  Session  of  the  Generall  Court,  held  at  Hartford, 
August  18*^,  1657. 
The  Indians  belonging  to  Tunksis  Sepus,  being  treated  w"» 
about  the  damage  done  by  fire,  occasioned  by  Mesupeno,  they 
have  mutually  agreed  and  obliged  themselves  to  pay  vnto  the 
Generall  Court  in  October,  or  to  their  order,  yearly,  for  the 
terme  of  seauen  yeares,  the  full  sume  of  eighty  faddome  of 
wampum,  well  strungd  &  mercht^'ie,  the  first  paym*  to  bee  made 


304 


PUBLIC      RECORDS 


irrOctob'^  next  ensuing,  at  the  Session  of  the  Gen:  Court,  &  so 
to  bee  paid  yearly  at  the  Sessions  in  October,  vntill  the  terme 
bee  expired  (that  is  to  say)  seauen  paym^s.  Ynto  w^h  agreemt- 
the  foresaid  Indians  haue  signed,  the  day  &  yeare  aboue  written, 
the  marke  of  the  marke  of 


Nequittacusson 

:  Homs : 
the  marke  of 


Cowasecutt. 


the  marke  of 


Taccamus.  Mamunto. 

These  haue  signed  in  the  name  &  w^^  consent  of  the  rest. 

A  relation  of  the  carriage  of  the  difference  that  fell  out  be- 
twixt Vncas  &  Seoquassen  of  the  one  side  &  Totanimo  &  the 
Potunck  Indians,  At  the  Generall  Court  held  at  Hartford,  in 
May,  in  the  yeare  of  c  Lord,  1656. 

That  vpon  the  murther  of  a  Sachem  of  Connecticott  dwelling 
neare  Mattapeaset,  by  a  young  man  called  Weaseapano,  Seo- 
quassen complained  to  the  Magistrates  of  Hartford  of  the  wrong 
that  the  Potunck  Indians  did  to  him  in  entertaining  &  maintain- 
ing of  him  against  all  justice,  w^^  said  Seoquassen  tooke  Vncas 
in  to  him  for  helpe,  to  bee  reuenged  for  the  said  Sachems  death, 
who  was  inraged  w^h  the  like  accident  of  entertaining  a  mur- 
therer  that  runne  from  Vnquas  to  the  said  Potunck,  who  com- 
plained likewise  of  wrongs  done  him,  to  the  Magistrates. 
Vnquas  also  had  complained  to  the  Magistrates  of  Connecticot 
for  seuerall  wrongs  done  to  him  by  Tantoiiimo,  espetially  his 
intising  of  many  of  his  men  &  their  protecting  a  Murtherer; 
&  therevpon  the  Magistrates  ordered  that  the  Sachems  of  both 
sides  should  appeare  at  Hartford  at  the  Generall  Court:  who 
all  appearing,  Seoquassen  first  declared  of  the  fact  done  by  a 
meane  fellow  vppon  one  that  was  allyed  to  him,  a  great  Sa- 
chem; and  so  Vnquas  &  Foxen  iustified,  in  many  words. 


OF      CONNECTICUT.  SQS 

[87]  The  Gouerno'"  pressed  to  know  what  sattisfaction  they 
required,  who  answered  &  pressed  hard  to  haue  10  men  put  to 
death  of  his  friends  that  was  the  murtherer ;  the  other  Sachems 
pleaded  vnjust,  because  the  Sachem  that  was  slayne  had  mur- 
dered the  young  mans  Yncle  wilfully.  The  Court  many  of  them 
spake  their  mindes  to  &  fro.  The  Gouerno''  shewed  the  Indians 
what  o""  law  is  in  such  cases,  that  onely  the  murther  or  any  that 
were  accessary  to  it  should  bee  punished,  &  so  hee  &  many 
Deputyes  pressed  both  sides  for  peace,  &  not  to  fight  vpon  such 
a  quarrel  1. 

The  Potunck  Sachems  p''ffered  to  giue  wampam  in  way  of 
sattisfaction,  w^^  wholly  was  rejected,  whereupon  the  Court 
spent  some  time  to  perswade  to  peace.  Then  they  fell  to  be 
sattisfyed  w^h  the  death  of  6  men.  The  Court  wearied  v,'^^ 
their  speeches  pressed  the  Potunck  Indians  to  deliuer  vp  the 
murtherer,  the  w^'i  Totannimo  p^mised,  but  priuately  stole  out 
of  the  Court  &c  went  w^^  the  rest  of  the  Sachems  to  Potunk 
forte:  wherevpon  both  the  English  &  Indians  were  offended  & 
agreed  to  send  a  messeng""  to  deliuer  vp  the  murtherer,  as  Totaii- 
imo  had  p^mised  in  Court.  In  the  meane  time  the  Court  ap- 
pointed 4  Deputyes  to  bee  a  Comittee  to  treat  w^h  the  Sachems 
of  both  sides,  to  see  what  could  bee  done  for  peace.  This  Com- 
mittee priuately  brought  Vnquas  to  accept  of  the  murtherer 
only,  for  full  sattisfaction.  But  those  Potunck  Indians  said  they 
could  not  deliuer  vp  the  said  murther^  his  freinds  were  so  many 
&  potent  w^iiin  the  Forte. 

In  the  afternoone  the  Comittee  &  the  Sachems  made  knowne 
to  the  Court,  who  then  agreed  that  by  no  meanes  the  English 
would  bee  ingaged  in  either  of  their  quarrells,  but  would  leaue 
them  to  themselues,  wherevpon  the  Gou''nor  made  a  long  speech 
desiring  to  bee  at  peace  orie  w'^''  another,  <Sl  take  wampam.  If 
they  would  not,  then  hee  declared  that  the  Court  would  not 
hinder  them,  but  left  them  to  themselues,  &;  whatsoeuer  fell  out 
afterwards  vpon  either  of  them,  they  brought  vpon  themselues. 
But  so  were  engaged,  that  they  should  not  fight  vpon  this  side 
of  the  riuer  of  Hartford,  nor  to  hurt  any  of  the  English  houses 
or  any  thing  of  theirs  of  the  other  side  of  the  riuer ;  w*^  many 
expressions  more  to  the  same  effect,  was  spoken  by  the  Gouerno'' 
&  also  by  some  Deputies. 

27* 


306  PUBLIC     RECORDS 

Some  expressions  many  times  in  the  agitation  thereof  was 
spoken  that  might  cany  that  sence  of  advising  &  counselHng 
of  Ynquas  not  to  fight,  as  some  app^hended  then,  but  in  conclu- 
sion the  Gou'^no'',  as  the  mouth  of  the  Court,  declared  his  minde 
fiilly  to  the  Indians  of  both  sides,  as  aforesaid. 

Wittnesse  my  hand,  this  20*^  of  August,  1657. 
Jonathan  Brewster. 
Aug:   IQtii,  (57.). 

The  Court  voted  that  this  relation  should  bee  transcribed  & 
asserted  vnd''  the  SeCs  hand,  that  to  their  sattislaction  it  was 
euidenced  in  Court  to  bee  a  true  relation. 


[88]     At  a  Generall  Court  held  at  Hartford,  October  1, 

1657. 
Mr.  Wells,  Dep: 
Magistrates :     Mr.  Webster,  IMajor  Mason,  Mr.  Clarke, 

Mr.  Talcott,  Mr.   Willys. 
Deputyes :     Mr.  Steele,  Mr.  Allin,  Mr.  Phelps,  Mr.  Lord, 
Mr.  Brewster,  ahs.,  Mr.   Trott,  Mr.  Gailor,  Mr.  Dan: 
Jlarke,  Joseph  Migatt,  Wm.  Wadsworth,  Rich:  Buttler, 
Mr.   Hollister,  John  Wells,  John  Hurd,  John  Clarke, 
Rob:    Chapman,  Hugh    Caulkin,    Michaell    Try,  John 
Wheeler,  Antho:  Howkins,  Rob:  Webster  Geo:  Graues, 
Sam:  Hale,  Isack  Moore,  Sam:  Wells,  Sam:  Bpurman. 
Tho:  Staunton,  for  contempt  of  the.  last  Gen:  Court,  in  not 
appearing  when  sumoned  thereunto,  for  w^'i  otfence  the  Court 
fines  the  said  Thomas,  ten  pounds. 

This  Court  orders,  that  the  Treasur""  shall  procure  convenient 
supply  of  corne  for  the  Major  this  winter,  &i  the  charge  in  pro- 
curing it  to  bee  imposed  vpon  those  who  are  behind  of  their 
rate. 

The  Court  doth  appoint  the  Treasure""  to  prouide  horses  & 
men  to  send  for  Mr.  Wiuthrop,  in  case  hee  is  minded  to  come 
to  dwell  w^i'  vs. 

This  Court  appoints  Mr.  Allin  &  Jo:  Gilbert  togoe  to  Pacom- 
tuck,  to  declare  to  the  Indians  the  mind  of  the  Comission'"s  con- 


OF     CONNECTICUT.  307 

cerning  them  ;*  and  that  there  bee  a  letter  sent  to  Mr.  Pinchon 
to  assist  them  in  it ;  but  if  hee  refuse  &  Mr.  HolUack,  then  they 
shall  desist  from  further  p''ceeding. 

A  list  of  the  seuerall  persons  &  estates  of  the  seu''all  Townes 
wthin  this  Jurisdiction  : — 

Fairfeild,     p^sons,         .  estates,   11410.   1.  0 

Stratford,         63.  .         .  8400.  0.  0 

Seabrooke,       72.  .         .         .  581.  7.  0 

Mr.  Fenwicks  farme,         .         .         .      200.  0.  0 

A  note  of  Mr.  Fenwicks  cattle  vpon  the  farme,  Good:  Clarke 
is  to  send  vp  to  the  Treasur"",  w^h  are  to  bee  rated  according 
as  the  law  of  the  Country  requires. 

The  Cattle  of  Capt.  Cullicks  farme  are  to  bee  rated  &  a  note 
of  them  to  beegiuen  in  to  the  Treasur"". 

The  Court  appoints  Mr.  Dan:  Clarke  to  write  a  letter  to  the 
Magistrates  of  South  Hampton,  to  informe  them  of  the  minde 
of  the  Comission''s,  &  another  to  the  Indians  there. 

The  Major  is  allowed  fiue  pounds  for  his  going  to  Long  Iland» 
besides  his  expences  in  that  seruice. 

This  Court  doth  allow  the  Treasurer,  for  incouragem'  of  him 
in  his  place,  10  pounds  p""  annum. 

This  Court  doth  grant  a  rate  of  a  peny  ypon  the  pound,  for 
the  defraying  of  the  publicke  charges  of  this  Jurisdisdiction. 
This  rate  to  bee  paid  three  parts  in  wheat  &  pease,  by  equall 
p''portion,  &  one  fourth  in  Indian  Come  at  205s.  6d.  p""  Bush: 

This  Court  doth  appoint  the  fourteenth  day  of  this  moneth 
bee  set  apart  for  a  sollemne  day  of  thanksgiuing  (for  the  mer- 
cyes  of  God  the  yeare  past,)  in  the  seuerall  plantations  in  this 
Jurisdiction, 

[89]  A  list  of  the  persons  &  rateable  estate  of  Connecticutt, 
taken  Sepf  23,  1657: 

*  "  It  is  ordered,  that  Vnckas  bee  required  to  pfmit  the  Podunk  Indians  to  returne  to  theire 
dwellings  &  there  to  abide  in  peace  &  safety,  vv'^iout  molestation  from  him  or  his,  &-  that  the 
said  Indians  bee  incouraged  &  invited  so  to  do,  by  the  Oovernment  of  Connecticott." 
********** 

"And  the  Government  of  Connecticott  is  desired  to  signify  to  the  Pocomtick  and  Norvvootick 
Sachems  our  charge  vpon  Vnckas  in  refference  to  the  Podunk  Indians,  and  our  desire  of  their 
returne  to  their  dwellings  and  continuance  there  in  peace  ;  therfore  wee  desire  and  expect  they 
will  forbeare  all  hostillity  against  Vnckas  till  the  next  meeting  of  the  Comission".  [Records  of 
U.  Colonies,  Sept.  1657.] 


308 


PUBLIC      RECORDS 


Imp'"s  the  estate  of  Hartford, 

The  persons,  186,  that  is. 

The  estate  of  Windzor  is,     . 

The  persons  are  161, 

The  estate  of  Wethersfeild  is, 

The  persons  come  to, 

The  estate  &  pi'sons  of  Farmington  come  to. 

The  estate  &  pf'sons  of  Midltowne  comes  to 


£.     ss. 
17045.  8 
3348.  0 

13999.  0 

2898.  0 

10758.  0 

1854.  0 


£.     ss.  d 

20393.  8.  0 

15897.  0.  0 

12612.  0.  0 

4852.  0.  0 

2416.  0.  0 


Smlie  tot'.     56170.  8.  0 
pr  DOS,  Richard  Treat, 
Henry  Woolcott, 
William  Westwood, 
Robt  Webster. 

This  Court  orders,  that  noe  person  wthin  this  Jurisdiction 
shall  kepe  any  Quakers  bookes  or  manuscripts  containing  their 
errors,  except  teaching  Eld^s,  vpon  the  penalty  of  \Qss.  a  time 
for  euery  person  that  shall  kepe  any  such  booke  after  the  publi- 
cation hereof,  &  that  shall  not  deliuer  such  bookes  vnto  their 
Eldr^ 

The  Court  adjourned  to  the  second  Thursday  of  March. 


[90]     A  Session  of  the  Gen:  Court  in    Hartford,   11'^ 
DAY  OP  March,  16|f. 

John  Winthrop  Esq^,  Goumr. 

Magistrates  :     Mr.  Webster,  Major  Mason,  John  Cullick, 

Mr.  Clarke,  Mr.  Willis,  Mr.  Talcott. 
Deputies :     Mr.  Steele,  Mr.  Allin,  Mr.  Phelps,  Mr.  Gailor, 
Mr.  Trott,  Mr.   Lord,  Mr.  Dan:  Clarke,   Mr.  Brewster, 
Joseph  Mygatt,   Wm.  Wadswoorth,  Rich:  Butler,  Mr. 
Hollisti-,    John  Hurd,  John  Clarke,    Robert  Chapman, 
John  Wheeler,  Antho:  Howkins,  Sam:  Hale,  Sam:  Wells, 
Sam:  Bourman,  Rob*  Webster,  Geo:  Graue  Junior. 
John  Hurd  is  sworne  to  the  office  of  a  Constable  for  the 
yeare  ensuing,  in  the  Towne  of  Stratford. 

This  day  3  weekes,  w^h  is  the  first  day  of  Aprill,  the  Court  de- 


OF     CONNECTICUT.  309 

sires  the  .Magistrates  to  attend  the  consideration  &  distribution 
of  such  estates  of  deceased  persons  as  are,  or  then  shall  bee 
exhibited  &  the  Deputies  are  desired  to  giue  notice  thereof  in 
their  respectiue  Tovvnes. 

The  listed  persons  for  Troopers  presented  to,  &  allowed  by 
this  Court,  vnder  the  command  of  Major  John  Mason,  are  as 
follow : — 

In  Hartford  :  Mr.  Willis,  Mr.  Lord,  Mr.  Tho:  Wells,  Jacob 

Migatt,  Jonathan  Gilbert,  Nicho:  Olmsteed,  John  Sted- 

man,  James  Steele,  Dan:  Pratt,  Andrew  Warner,  Will: 

Edwards,  Richard  Fellowes,  Robert  Reiue,  John  Allin. 

In  Windzor :  Mr.  Dan:  Clarke,  Tho:  Allin,  Sam:  Marshall, 

John  Bissell,  Geo:  Phelpes,  Steph:  Terry,  Willi:  Heyden, 

John    Hosford,  John  Williams,  Natha:  Loomis,   Tho: 

Loomis,  Capt.  Aron  Cooke,  Ensign  Dauid  Wilton,  Sy- 

mon  Woolcott,  Tho:  Strong,  John  Moses,  John  Porter. 

In  Wethersfeild  :  John  Lattimore,  John  Belding,  Richard 

Treat,  Mr.  John  Chester,  Antho:  Wright,  John  Palmer. 

The  aforesaid  Troopers  p^sented  to  this  Court  their  choise  of 

officers,  w^h  the  Court  did  confirme  :  Richard  Lord,  Cap*.;  Dan- 

iell  Clarke,  Leiften*^ ;  John  Allin,  Cornett ;  Nicho:  Olmsteed' 

Corporall ;  Richard  Treat,  Corporall ;  Sam:  Marshall,  Corpor- 

all;  Mr.  Tho:  Wells  Junior,  Quart'  M'. 

Richard  Haughton,  of  Pequett,  petitioning  this  Court  for 
their  fauc  to  consent  (that  hee  the  said  Richard  may  haue  lib- 
erty to  agree  wth  Vncus  for  a  certaine  neck  of  land  called 
Massapeag,  betwene  Pequett  &  Mohegin,)  They  hauing  con- 
sidered the  low  estate  of  this  man,  his  charge  of  children,  w^^ 
other  things  as  further  motiues  to  them,  doe  hereby  declare, 
that  they  thus  farre  consent  to  his  petition  or  motion,  that  in 
[91]  case  hee  fully  sattisfie  |1  Vncus  for  the  aforesaid  Massa- 
peage  &  there  bee  a  full  &  cleare  agreem*^  betwene  them  for  the 
same,  then  this  Court  shall  not  manage  the  law  in  this  Comon- 
wealth  against  him  for  making  any  such  contract  w^h  Indian 
or  Indians,  p'uided  the  said  Haughton  or  his  assignes  neuer  make 
any  further  or  other  vse  of  it,  but  only  to  plant  or  sowe  there- 
vpon  in  the  summer,  and  kepe  cattle  therevpon  in  the  winter : 
and  that  no  swyne  shall  bee  kept  vpon  the  p'misses  at  any  time, 
neither  shall  bee  any  otherwise  improued  to  the  trespasse  or 


310  PUBLIC     RECORDS 

pi'judice  of  Vncus  in  any  such  kind,  or  trouble  of  this  Comon 
wealth. 

This  Court  grants  liberty  to  the  persons  already  allowed  by 
this  Court  to  cohabite  at  Bankside,  (a  place  betwene  Fairfeild 
Towne  &  Norwalke,)  to  take  in  as  a  cohabitant  w*^^  them  in 
that  place,  Robert  Beacham,  who  lately  liued  at  Norwalke. 

The  Deputies  nominated  to  this  Court,  to  bee  pi^pounded  at 
the  next  Gen:  Court  of  Election  for  choise  to  bee  Magistrates 
in  this  Jurisdiction,  Mr.  Phelps,  of  Windsor,  and  Mr.  Math- 
ew  Allin ;  Mr.  Treat  Senior,  of  Wethersfeild ;  Mr.  John  Wells 
of  Stratford,  and  Mr  Allexand""  Knowles,  of  Fairfeild. 

Phillip  Galpin,  of  Fairfeild,  is  freed  from  trayning,  but  not 
from  watching  nor  warding,  till  the  Court  sees  cause  to  reuoke 
this  their  order. 

The  consideration  of  the  petition  from  seui'all  inhabitants  in 
Fairfeild,  is  referred  to  the  next  Court  of  Magistrates  there,  & 
they  to  make  returne  thereof  to  the  next  Gen:  Court  after  the 
same. 

The  plantation  at  Pequet  is  named  by  this  Court,  New  Lon- 
don, wth  a  preable  to  bee  inserted  about  the  same,  {W^^  is  in- 
serted in  the  closure  of  y^  Acts  of  this  Session.) 

The  Court  frees  Thomas  Coleman  from  watching,  warding 
&  trayning,  if  hee  makes  it  appeare  that  hee  is  aboue  60  yeares 
old. 

Mr.  Russell,  of  Wethersfeild  is  also  freed. 

This  Courte  doth  grant  to  &  agree  w^^  John  Bissell  Junior, 
of  Windzor,  that  the  Ferry  there,  ouer  the  great  Riuer,  shall 
bee  &  belong  to  him  for  the  space  of  ten  yeares  next  ensuing, 
vpon  the  limitation  &c  termes  hereafter  expressed,  to  w<=h  hee 
doth  in  Court  agree  &  ingage  to  attend  : — 

1.  That  there  shall  bee  alwayes  maintained  in  readinesse  vp- 
on all  occasions,  an  able  &  sufficient  boate  &  man  for  the  safe 
passage  of  horse  &  men. 

2.  The  said  John  Bissell  shall  haue  8d.  a  head  for  any  beast, 
&  26?.  a  head  for  any  person  that  commeth  w^h  them,  &  3d.  for 
any  single  person. 

[92]  3.  That  each  Trooper  listed  and  allowed  in  the  Court, 
&  the  horse  hee  rides,  is  only  freed  from  the  ferridge  going  to 
Springfeild  Towne,  or  as  farre  as  Springfeild  Towne,  or  further. 


OF      CONNECTICUT.  311 

4.  That  no  person  of  Windzor  shall  haue  liberty  for  to  helpe 
ouer  any  person  or  beast  of  any  other  Towne,  but  they  shall 
then  pay  the  Ferryman  as  much  as  if  they  were  caryed  ouer 
by  him. 

5  Vpon  consideration  w^^^  the  inhabitants  of  Windzor,  they 
are  to  goe  ouer  the  Ferry  for  halfe  the  forementioned  price, 
only  that  single  persons  shall  pay  3d.  p^  head  for  their  passage 
as  before. 

There  was  a  list  of  the  persons  &  estates  of  the  west  side  of 
Pequett  Riuer  presented,  w^h  amounted  to  3360/.  7s.  8d.  &,  the 
Court  doth  expect  that  a  true  List  of  the  persons  &  estates 
of  the  inhabitants  of  the  east  side  of  the  Riuer  shall  bee  tak- 
en &  pfsented  to  the  next  Court,  that  so  their  list  may  bee 
perfected. 

Sam:  Welles  is  confirmed  Ensigne  for  the  souldiJ^s  at  Weth- 
ersfeild. 

William  Blumfeild  is  freed  from  training. 
This  Court  hauing  read  &  duely  considered  a  letter  from  the 
Gen:  Court  in  the  Massachusets  about  the  land  on  the  east 
side  of  Pequet  riuer,  doe  desire  the  Gou'^no'"  &  John  Cullick  to 
draw  vp  a  letter  in  an  answere  therevnto,  &  send  the  same 
signed  by  the  Sec  in  the  name  of  this  Court.* 

It  is  agreed  by  this  Court  that  Wednesday,  the  last  of  this 
moneth  is  appointed  for  a  day  of  humiliation. 

This  Court  orders  that  henceforth  no  persons  in  this  Juris- 
diction shall  in  any  way  imbody  themselues  into  Ch:  estate/ 
without  consent  of  the  Generall  Court,  &  approbation  of  the 
neighbor  Ch^: 

This  Court  orders  that  there  shall  bee  no  ministry  or  Ch:  ad- 
ministration entertained  or  attended  by  the  inhabitants  of  any 
plantation  in  this  Collony,  distinct  &  seperate  from,  &  in  op- 
position to  that  wch  is  openly  &  publickly  obserued  &  dispen- 
ced  by  the  settled  &  approued  Minister  of  the  place,  except  it 
bee  by  approbation  of  the  Gen^all  Court  &  neighbor  Ch^:  p^uided 
alwayes  that  this  order  shall  not  hinder  any  priuate  meetings  of 
godly  persons  to  attend  any  duties  that  Christianity  or  religion 
call  for,  as  fasts  or  conference,  nor  take  place  vpon  such  as  are 

*  See  Appendix,  No.  iv. 


312  PUBLIC     RECORDS 

hindred  by  any  just  impedim's  on  the  Sabboth  day,  from  the 
publicke  assembHes,  by  weather  or  water  &  the  like. 
[93]  This  Court  appoints  that  Will:  Waller  should  bee  re- 
quired forthwith  to  make  due  satisfaction  to  those  who  are  ap- 
pointed by  the  Townesmen  of  Seabrook  to  leuy  the  rate  for 
Mr.  Fitches  maintenance,  or  otherwise  to  make  his  appearance 
at  the  Gen:  Court  in  May  next  to  giue  an  account  of  his  neg- 
lect. 

It  is  voted  by  the  Court,  that  Windzor  petition  shall  bee  de- 
ferred vntill  the  next  Session  of  this  Court,  &  then  to  bee  taken 
into  consideration ;  as  also  the  seu^all  Deputies  are  desired  to 
acquaint  c  Eld'^  respectiuely  that  the  Court  desires  them  to 
attend  the  next  Session  of  the  Court  to  advise  &  consider  what 
way  may  bee  most  requisite  to  issue  the  differences  that  are 
amongst  vs. 

This  Court  orders,  in  refference  to  the  sad  differences  yt  are 
broken  out  in  the  seu''all  Ch^:  in  this  Collony,  &  in  spetiall  be- 
twixt the  Ch:  of  Christ  at  Hartford  and  the  withdrawers,  &  to 
pi'uent  further  troubles  &  such  sad  consequences  that  may  is- 
sue from  the  p^mises  to  the  whole  Common  wealth.  It  is  desir- 
ed &  required  by  this  Court,  that  there  bee  from  henceforth  an 
vtter  cessation  of  all  further  p^secution,  either  on  the  Ch^:  part 
at  Hartford  towards  the  withdrawers  from  them,  and  on  the 
other  part,  that  those  that  haue  withdrawen  from  the  Ch: 
at  Hartford  shall  make  a  cessation  in  pi'secuting  their  former 
pfpositions  to  the  Ch:  at  Wethersfeild  or  any  other  Ch:  in  ref- 
ference to  their  joyning  there  in  Ch:  relation,  vntill  the  matters 
in  controuersy  betwixt  the  Ch:  of  Hartford  &  the  brethren  that 
haue  withdrawen  bee  brought  to  an  issue  in  that  way  that  the 
Court  shall  determine. 

It  is  ordered,  that  the  Court  shall  meet  together  on  Wedns- 
day  seauennight,  being  the  twenty  fourth  of  this  instant,  at 
Hartford,  where  the  neighbc  EW^  are  desired  to  attend  the 
Court,  that  so  their  advise  &  helpe  may  bee  improued  to  settle 
vpon  some  speedy  course  for  the  issuing  the  p^sent  troubles 
that  the  Churches,  &  in  spetiall  the  Ch:  of  Hartford  lyes  vnder,, 
in  respect  of  the  seperation  by  them  that  haue  withdrawne 
from  that  society. 


OF     CONNECTICUT.  313 

*  Whereas,  it  hath  bene  a  comendable  practice  of  y"  inhab- 
itants of  all  the  Collonies  of  these  parts,  that  as  this  Countrey 
hath  its  denomination  from  our  deare  natiue  Countrey  of  Eng- 
land, and  thence  is  called  New  England,  soe  the  planters,  in 
their  first  setling  of  most  new  Plantations  hauegiuen  names  to 
those  Plantations  of  some  Citties  and  Townes  in  England,  there- 
by intending  to  keep  vp  and  leaue  to  posterity  the  memoriall  of 
seuerall  places  of  note  there,  as  Boston,  Hartford,  Windsor, 
York,  Ipswitch,  Bran  tree,  Exeter, — This  Court,  considering  that 
there  hath  yet  noe  place  in  any  of  the  Collonies  bene  named  in 
memory  of  y^  Citty  of  London,  there  being  a  new  plantation 
within  this  Jurisdiction  of  Conecticut  setled  vpon  ye  faire 
Riuer  of  Monhegin,  in  ye  Pequot  Countrey,  it  being  an  excel- 
lent harbour  and  a  fit  and  convenient  place  for  future  trade,  it 
being  alsoe  the  only  place  w^h  ye  English  of  these  parts  haue 
possessed  by  conquest,  and  y*^  by  a  very  iust  war  vpon  y'  great 
and  warlike  people,  ye  Pequots,  that  therefore  they  might  therby 
leaue  to  posterity  the  memory  of  y*^  renowned  citty  of  London, 
from  whence  we  had  our  transportation,  haue  thought  fit,  in  hon- 
our to  that  famous  Citty,  to  cal  ye  said  Plantation,  New  London. 


[94]     A  Session  of  the  Gen:  Court,  in  Hartford,  the 
24th  OF  March,  16|f 
John  Winthrop  Esq^  Gou^'no'". 
Tho:  Wells  Esq^  Deputy. 
Magistrates  :     Mr.  Webster,  Mr.  Cullick,  Mr.  Clarke,  Mr. 

Willis,  Mr.  Talcott. 
Deputies :     Mr.  Steele,   Mr.  Allin,  Mr.  Phelps,  Mr.  Lord, 
Mr.  Dan:  Clarke,  Joseph  Migatt,  Wm.  Wadsworth,  Rich- 
ard Butler,  Mr.  Hollister,  Antho:  Howkins,  Isack  Moore, 
Sam:  Wells,  Sam:  Bourman,  Mr.  Trott. 
This  Court  desires  Mr.  Lord  &  John  Cullick  to  take  in  the 
Treasures  account  in  the  behalfe  of  this  Comon  wealth. 

This  Court  appoints  &  orders  that  the  Constable  or  Consta- 
bles in  each  Towne  where  there  is  no  Magistrate  or  Assistant 
shall,  at  all  times  when  the  Treasurer  shall  call  or  require  them, 
deliuer  in  their  account  to  the  Treasurer,  vnder  his  or  their  owne 
hand  or  hands,  &l  the  hands  of  two  of  the  Townes  men  in  their 

•  Here  follows  the  '  preamble,'  to  the  order  of  the  Court  changing  the  name  of  the  plantation 
of  Pequot,  referreil  to,  on  page  310,  ante. 

28 


314  PUBLIC     RECORDS 

respectiue  Townes ;  and  where  any  Magistrate  or  Assistant 
dwelleth,  vnder  their  owne  hand  &  the  hand  of  one  of  the  Mag- 
istrates or  Assistants  that  Uueth  in  the  same  Towne  w^h  them. 

Sam:  Smith,  Senior,  moouing  this  Court  that  hee  might  bee 
freed  from  training  as  a  comon  souldier  in  that  Towne,  they  doe 
vpon  seuerall  grounds  grant  his  request,  espetially  because  hee 
hath  bene  an  antient  Serjeant  to  the  trained  band  in  that  Towne, 

Nath:  Ward  is  fr.eed  from  trayning,  watching  &  warding 

It  is  desired  by  this  Court,  that  the  Church  at  Hartford  & 
Mr.  Stone  should  meet  together  w^h  those  that  haue  withdrawen, 
to  see  if  it  bee  possible  by  a  priuate  conference  together  to  issue 
vpon  some  mutuall  conclusions  that  may  put  an  end  vnto  their 
vnhappy  discention.  The  Gourno"^  &  Deputy  Gouerno'"  are 
desired  to  accompany  them  in  their  conference,  if  it  may  bee 
with  conueniency  attended  by  the  Gou^^nor  &  Deputy.  And  in 
case  the  foresaid  pnies  at  difference  cannot  agree  vpon  a  way 
to  put  an  issue  to  their  troubles,  that  then  there  bee  letf^  sent 
to  the  Bay  Eld^'^  &  to  any  among  vs  or  in  the  other  Jurisdic- 
tion, for  advice  what  the  Court  should  doe  in  the  p^mises. 

The  Gou'-nor,  Mr.  Willis,  Mr.  Talcott,  &  Mr.  Stone,  &  Mr. 
Lord  are  hereby  desired,  that  in  case  there  bee  no  agreem* 
amongst  the  Church  &  withdrawers,  to  send  letfs  in  the  name 
of  the  Court,  as  before. 

William  Kelsey  is  freed  from  watching,  warding  &  trayning.* 


[95]         At  a  Gen"  Court  of  Election,  May  20,  1658. 
Magistrates  elected: 
Thomas  Wels  Esq^,  Goui^nor. 
John  Winthrop  Esq',  Deputy. 
Mr.  Webster,  Mr.  Mathew  Allyn, 

Maior  Mason,  Mr.  Phelpes, 

Mr.  Clarke,  Mr.  John  Wels, 

Mr.  Willis,  Mr.  Treat, 

Mr.  Talcot,  Mr.  Baker, 

Mr.  Ogden,  Mr.  Mulford, 

Mr.  Cosmore,  Mr.  Alex:  Knowles. 

•  This  is  the  last  entry   in  the  hand  writing  of  Mr.  Cullick.      In  May  following,  Mr.  Dan- 
iel Clarke  was  chosen  Secretary,  and  the  records  which  nest  follow  are  in  his  hand. 


OF     CONNECTICUT.  315 

Deputies :  Mr.  Steel,  Mr.  Brewster,  Mr.  Lord,  Deacon 
Gaylard,  Will'  Wadsworth,  Joseph  Mygat,  John  Bissel, 
Dan:  Clark,  Record^  Rich:  Butler,  Edw:  Griswold,  L: 
HoUister,  Anthony  Howkins,*  John  Dement,  Sam: 
Wells,  Sam:  Boreman,  Georg  Graues,  Sam.  Stocken, 
Hugh  Caulkin,  Jo:  Clark,  Rob*  Chapman,  John  Whee- 
ler, Cornel.  Hull,  Math:  Camfeild,  Rich:  Olmstead,  Will' 
Beardsley..  Joseph  Hawley. 
Comissioners  chosen,  for  this  Colony  : — Mr.  Winthrop  Esq"", 
Mr.  Talcot ;  Reserue,  Maior  John  Mason. 

These  pi'sons  vnderwritten  were  made  free,  before  the 
Court : — Sam^i  Burr,  Obed:  Spencer,  Thom:  Allyn,  Eldad  Pom- 
rey,  John  Wiate,  John  Kelley,  Jos:  Knowles,  Tho:  Eggleston, 
Rob:  Reeue,  Jos:  Arnold,  Georg  Orvis,  Tho:  Spencer,  Zach: 
Sanford,  Jo:  Merrils,  Grego:  Gibbs,  John  Pettibone,  Sam:  Eg- 
gleston, Steph:  Davis,  Joseph  Sutton,  Ob:,  John  Kerbey,  Sam: 
Richards,  Tho:  Alcot,  John  Church,  Joseph  Nash,  Jer:  Judson, 
Will:  Warin,  John  Chester,  John  Grumwel,  James  Northam, 
Cris:  Crow,  Tho:  Clark,  John  Kelsey,  Tim:  Traul,  Peter  Blach- 
feild,  Will'  Keney,  Rich:  Hartly,  Matt:  Becquet,  Tho:  Bowen, 
Tho:  Leonards,  Pef  Blachfld,  John  Wadom,  Jonath:  Deman, 
Francis  Yeates,  Ben:  Crane,  Rich:  Smith  Jun^,  James  Boswel, 
Jo:  Curtis,  Tho:  Wickum,  Georg  Yeates,  Sam:  Pinney,  Rich: 
Lord  Junr,  John  Sables,  Cris:  Huntington,  John  Andrewes, 
Abrh'.  Finch,  Jonas  Westouer,  Beniam:  Bur,  Renold  Maruin, 
Ren:  Maruin  Jun'',  Joseph  Judson,  John  Coleman,  Cornel :  Gil- 
let,  Will'.  Edwards,  Thomas  Brook,  Will:  Morton,  Rob't 
Boughtwhord,  Peter  Browne,  Joseph  Clark,  Raph  Parker,  Will'. 
Welman. 

[96]  This  Court  orders  that  Esq^  Winthrop,  Maior  Mason,  Mr. 
Allyn,  Mr.  Brewster,  shal,  vpon  some  seasonable  opertunity, 
attend  to  keep  a  Court  at  Pequit,  to  settle  the  afFayrs  of  y 
place  ;  Mr.  Winthrop  to  appoynt  y^  time. 

Will:  Welman,  of  New  London,  is  discharged  from  his  Re- 
cognisanc,  about  a  marriage  in  Virginia. 

The  Magestrates  graunted  Will'   Williams,  of  Hartford,  to 

*  The  names  of  Deputies  are  written,  thus  far,  in  the  margin  of  Page  [95.]  Those  which  fol- 
low, are  on  page  [96,]  where  the  Recorder  has  repeated  those  already  given,  down  to  the  name 
of  Anthony  Howkins. 


316  PUBLIC     RECORDS 

dispose  of  his  seruant  youth,  Math:  Young,  to  another  sutable 
M"",  and  the  s^i  Mathew  doth  fully  consent  therevnto  and  hath 
pi'mised  to  giue  a  ful  discharge  vnto  his  Master  Williams  from 
y*'  engagemt  wherein  he  was  bound  to  teach  the  sayd  Math: 
the  trade  of  a  Cooper. 

This  Court  orders  that  al  seafaring  men  yt  make  it  y^ir  oc- 
cupation to  imploy  themselues  in  Navigat",  they  shal  for  future 
be  freed  from  trayneings. 

This  Court  voated  a  confirmation  of  the  Combinatii  with 
Easthampton,  and  that  the  Articles  of  Agreem*  should  be 
signed  by  the  Secretary  in  the  name  of  the  Court  and  sent  ouer 
vnto  them  ;    as  also  a  letter,  to  signify  the  mind  of  the  Court.* 

This  Court  orders  that  y^  power  of  any  p^ticuler  Magestrate, 
on  the  maine  and  likewise  on  the  Island  belonging  to  this  Col- 
ony, shall  extend  itselfe  to  al  and  every  place  and  p'son  in  this 
Jurisdiction,  as  need  requires  :  And  that  those  of  Southampton 
and  East  Hampton  shal  ioyne  together  in  the  exercise  of  judi- 
cature amongst  them,  and  to  summon  Juries  out  of  either  place  : 
and  that  they  haue  liberty  to  repayr  to  any  Court  held  at  New 
London  for  help  in  any  Controuersy 

This  Court  approueing  the  pious  care  af  the  Towne  of  Fair- 
feild,  in  procureing  help  for  Mr.  Joanes  by  his  owne  consent 
therevnto,  as  far  as  appeares  by  a  papJ"  p'sented  by  their  Dep- 
uties to  ye  Court,  doe  order,  that  according  to  their  desires  the 
foresaid  paper  be  kept  amongst  the  Court  papers,  and  desire  the 
Towne  not  any  way  therevpon  to  depriue  y^ir  Reu''nd  ancient 
Pastor,  Mr.  Joanes,  in  sicknes  or  health,  of  his  comfortable 
maintenance. 

This  Court  orders  yt  out  of  the  sum  imposed  vpon  the  Indians 
of  Southampton,  to  pay  for  the  loss  y^  was  there  susteined  by 
fire,  there  shalbe  the  sum  of  30/.  p^"  Ann.  for  the  four  first 
[97]  yeares,  ||  and  fourty  pounds  p^  Anil,  for  the  two  last 
yeares  abated.     The  total  abatement  amounts  to  200/.  Qs.  Od. 

Its  ordered,  that  Mr.  Cosmore,  Mr.  Ogden,  Capt.  Tappin  and 
Goodman  Clarke,  shal  make  distribution  of  that  paym*^  that  the 
Indians  make,  to  them  that  haue  suffr^  loss  by  fire  ;  only  Mr. 
Fordom  is  excempted  from  any  part  of  this  pay  for  the  losse  of 

•  See  a  letter  to  Easthampton,  written  some  months  previous  to  this  session  of  the  General 
Court,  in  Appendix,  No.  V. 


OF      CONNECTICUT.  317 

his  owne  house  and  goods  therein  conteyned  :  provided,  that 
before  distribution  be  made,  the  charges  that  the  Countrey  hath 
bin  at  in  y  exhibited*  to  y^  Island  shalbe  first  defrayed. 

John  Griffin,  now  returneing  from  Pocumtacot,  was  made 
free,  by  consent  of  the  Court. 

Robert  Allyn  and  John  Gager  are  released  fro  their  fine  for 
not  attending  ordinary  Town  training. 

The  Court  is  adiourned  til  the  3^  Wednesday  in  August. 

'Mr.  Samuel  Stone,  Teacher  at  Hartford,  p^senting  vnto  the 
Gen:  Court,  Mi^ch  25,  '58,  a  petition  w^^  certayne  p'"positions, 
it  was  vppon  his  request  ordered  to  be  recorded  : — 

My  humble  request  is  that  the  Quaestions  here  p^sented  may 
be  sillogistically  reasoned  before  this  hono^^d  Court.  I  hope  that 
some  of  o"^  withdrawen  Brethren,  or  some  other  whom  they 
shal  pi'vide,  wil  reason  with  me,  face  to  face : 

Quaes.  1.  The  former  Councel  at  Hartford  June,  56,  is  vt- 
terly  cancild  and  of  no  force. 

2.  There  is  no  violation  of  the  last  agreemt  (made  when  the 
Reuerend  Elders  of  Massachusets  were  here,)  either  by  the  Ch: 
of  Christ  at  Hartford  or  their  Teacher. 

3.  The  withdrawen  Brethren  haue  offi-ed  great  violence  to  ye 
formentioned  agreement. 

4.  The  withdrawen  Brethren  are  members  of  the  Ch:  of 
Christ  at  Hartford. 

5.  Their  withdrawing  from  the  Ch:  is  a  sin  exceding  scan- 
dalous &  dreadful  and  of  its  owne  nature  destructiue  to  this  and 
other  Churches. 

6.  The  controuersy  between  the  Ch:  of  Christ  at  Hartford 
and  the  withdrawen  p^sons  is  not  in  the  hands  of  the  Churches 
to  be  determined  by  them. 

Sam:  Stone. 


[98]     At  a  Session  of  the  Gen:  Court  at  Hartford,  Aug^ 

18,  1658. 

Thorn:  Wels  Esq"-,  Gou: 

Esq""  Winthrop,  Depu: 

Magestrates :      Mr.  John   Webster,    Maior  Mason,    Mr. 

Willys,  Mr.  Tailcot,  Mr.  Phelps,  Mr.  Treat,  Mr.  Allyn, 

Dan:  Clark,  Secret: 

*  An  error  of  the  Recorder.    The  word  was  probably  expedition, 

28* 


318  PUBLIC     RECORDS 

Deputies:      Mr.   Steel,  Capt.  Lord,  Deaco  Gayli'd,   W. 
Wadsworth,  Jo:  Bissel  Sen"-,  Jos:  Mygatt,  Rich:  Butler, 
Edw:  Griswold,  L:  Hollister,  Jo:   Demat,    Sam:  Wells, 
Sam:  Boreman,  Antho:  Howkins,  Jo:  Clark,  Rob^  Chap- 
ma,  Robt  Webstr,  Math:  Camfeild. 
In  reference  to  a  complaynt  made  by  Georg  Graues,  Georg 
Stocken,  Nath:  Willet,  Nath:  Berdin,  contr:  Mr.  Webster,  Capt. 
Cullick,  Mr.  Goodwin,  Andrew  Bacon,  in  ye  name  of  the  rest 
of  ye  withdrawers  at  Hartford,  consisting  of  several  prticulers, 
p'sented  the  last  session  to  ye  consideration  of  this  Court,  This 
Court  sees  cause  to  defer  the  consideration  of  the  compl*  vnto 
the  Court  in  Octob"",  and  haue  ordered  that  then  it  shalbe  at- 
tended ;  in  ye  meane  time,  to  procure  what  light  and  help  they 
can  in  the  case. 

This  Court  appoynted  Esq'  Winthrop,  Major  Mason,  Mr. 
Talcot,  Mr.  Steel,  as  a  Comittee  to  treat  with  Capt.  Cullick 
about  the  purchase  of  the  Riuer,  and  to  p'pound  that  in  case 
Capt.  Cullick  will  allow  to  ye  Countrey  500/.  and  demand  noth- 
ing from  Seabrook  nor  Middletown,  and  returne  such  security 
to  ye  Countrey  as  he  can  or  as  in  his  power,  that  then  there 
shalbe  acquittances  granted,  each  to  other. 

The  Comittee  is  to  make  report  to  morrow,  w*  the  result  of 
ye  Treaty  is. 

19  Day.  The  Comittee  returned  answer  to  ye  Court,  that 
Capt.  Cullick  is  willing  to  quit  acc^  w^h  the  Countrey,  and  if 
ye  arrears  yet  due  to  him  amount  not  to  300/.  he  wil  make  it  vp 
300/.     Mr.  Talcot  sayth  250/. 

This  Court  orders,  that  notice  shalbe  giuen  to  ye  Indians 
liueing  at  Farmington,  that  in  regard  of  their  hostile  pursuits, 
contrary  to  former  ord^  of  Court,  and  considering  their  enter- 
taynm*  of  Strang  Indians,  contrary  to  their  agreem*  w^Ji  ye 
English  when  they  sate  downe  at  Farmington,  whence  ensues 
danger  to  ye  English  by  Bullets  shot  into  the  Towne  in  their 
skirmishes.  That  they  shal  speedily  p'"vide  another  place  for 
their  habitation  and  desert  that  place  wherin  they  are  now 
[99]  garrisoned.  ||  And  what  Indians  refuse  to  attend  this 
order  shalbe  returned  to  ye  Courte  in  October  next.  Further, 
it  is  required  by  the  Court  that  Farmington  Indians  shal  forth- 


OF     CONNECTICUT.  319 

with  send  away  al  such  strangers  as  haue  not  bin  knowne  inhab- 
itants in  that  place,  according  to  forementioned  agreem*. 

Mr.  Steel,  L:  Lewis,  Ensigne  Steel,  Thorn:  Judd,  are  desired 
to  comunicate  the  mind  of  the  Court  to  y®  Indians. 

Daniel  Clark  was  svvorne,  according  to  y^  forme  of  the 
Secretaries  Oath  approued  by  this  Court  and  ordered  to  be 
recorded. 

A  Petition  from  several  of  the  inhabitants  of  Wethersfeild* 
was  p^sented  to  this  Court  and  vpon  p^vsall  of  the  same  the 
Court  returned  this  answer  : — 

In  regard  of  a  complayn*,  in  the  Petition,  of  a  scandalous 
oath  taken  by  Mr.  Russel,  whereby  the  inhabitants  seem 
afrayd  to  adventure  themselues  vnd"^  his  ministery,  the  Court 
hath  considered  the  nature  of  the  Oath  and  y^  witnesses,  and 
tho  there  are  diuers  app^hensions  of  it,  yet  to  y^  purpose  of  the 
allegation  to  w^h  Mr.  Russel  testified,  the  oath  was  ambiguous : 
but  that  it  should  be  strayned  to  such  a  height  as  in  the  Peti- 
tion is  declared,  this  Court  iudgeth  it  not  meet,  and  in  that  re- 
spect the  Petitioners  blameable,  and  that  he  is  not  hereby  ren- 
dred  so  scandalous  as  not  fit  to  administer  in  his  office.  Yet 
notwithstanding,  they  iudg  that  Mr.  Russel  should  speak  more 
playnly  for  ye  future,  to  ye  capacity  of  the  hearers,  espetially  in 
way  of  testimony  ;  and  yt  the  Petitioners  should  carefully  avoid 
all  vnnecessary  strayneing  of  words  or  expressions  (y*  are  in 

*  This  Petition  (in  "  Ecclesiastical"  Papers,  Vol.  i.  No.  1,)  is  signed  by  John  Holister,  Thomas 
Wright  Sen.,  John  Deniminge  Sen.,  John  Edwards  Sen.,  and  Rich''  Smith  Sen.,  and  five  females, 
all  members  of  Mr.  Russell's  church,  together  with  thirty  nine  others,  inhabitants  of  Windsor. 
After  referrmg  to  an  order  of  the  Courtp  assed  in  March  1657-8  (see  page  3l\,  ante,)  that  no 
ministry  or  church  should  be  entertained  or  attended  by  the  inhabitants  of  any  plantation,  '  dis- 
tinct and  seperate  from  and  in  opposition  to  that  which  is  openly  and  publicly  observed  and 
dispensed  by  the  settled  and  approved  Minister  of  the  place,'  the  petitioners  declare  that  they 
cannot  regard  Mr.  Russell  as  their  settled  and  approved  Minister, — first,  because,  in  the  prece- 
ding spring,  he  had  sent  them  a  writing  to  provide  for  themselves, — whereby  they  consider  them- 
selves freed  from  their  former  obligations  to  him :  these  obligations  they  profess  themselves 
unwilling  to  renew,  since  they  "  are  afrayed  to  venture  [their]  soules  vnder  his  ministry."  They 
further  represent  that  he  had  brought  great  scandal  on  the  church,  by  "  a  greivous  oath,  ac- 
knowledged by  himselfe  to  bee  ambiguous,  rash  and  sinfull, — and  what  more  may  be  made  evi- 
dent." They  ask  the  Gen.  Court,  that  they  may  not  be  held  in  bondage,  but  may  "  use  their 
liberty"  in  procuring  another  minister  "  faithfull  in  the  administrations  of  the  Gospell  and  inof- 
fenciue  in  his  conversation." 

For  a  further  account  of  the  dissensions  in  the  Church  at  Wethersfield,  having  a  similar  ori- 
gin, and  intimately  connected,  with  the  troubles  of  the  Hartford  church,  see  Trumbull's  Hist,  of 
Conn.  i.  chap.  xiii. 


320  PUBLIC     RECORDS 

yei"^  nature  dubious)  to  such  a  perticuler  sense  as  may  occasion 
trouble. 

To  y^  busines  of  their  hberty,  w^h  the  Petitioners  think  Mr. 
Russels  graunt  and  their  acceptance  hath  stated  them  vnder, 
the  Court  judgeth,  that  they  had  reason  to  desire  help  and  ad- 
vice in  this  case.  And  it  is  conceaued  that  vnles  there  be  some 
due  meanes  attended  for  ye  healing  of  their  differenc,  that  y^ 
fire  wilbe  more  kindled  by  their  address  hither,  the  paper  that 
was  sent  in  to  y^  Towne  by  Mr.  Russel  being  of  an  ambiguous 
nature,  subiect  to  various  interpJ^tations,  and  therefore  should 
be  explayned  and  retracted  by  Mr.  Russel.  And  the  Court  ad- 
viseth  each  party,  that  they  walk  louingly  together,  without 
disturbeing  carriage  each  to  other. 

In  reference  to  y^  differenc  twixt  the  Church  at  Hartf^d  and 
the  withdrawers,  it  was  ordered,  that  the  ensueing  p^ticulers 
should  be  p^sented  to  each  party,  as  y^  mind  and  desire  of  ye 
Court : — 

[100]  1.  It  is  conceaued  that  they  should  obserue  and  at- 
tend that  rule  of  Christ,  Acts,  15,  To  debate  and  dispute  their 
differenc  amongst  themselues,  in  the  first  place. 

2.  That  the  Quaestions  in  controuersy  should  be  playnly  sta- 
ted and  gathered  out  of  their  papers,  before  they  debate  as  that 
text  holds  forth. 

3.  In  case  this  doth  not  take  nor  be  embraced,  that  then  each 
party  should  chuse  three  Elders,  able  and  as  indifferent  as  times 
wil  afford,  before  whom  (the  Qusest.  beinge  beforehand  playnly 
stated,)  the  case  in  difference  shal  be  publiquely  disputed,  who 
shal  lend  what  light  and  help  they  can,  to  ye  issueing  the  con- 
trouersy according  to  God,  vnto  w^h  both  parties  shall  peacea- 
bly subiect  themselues. 

4.  And  in  case  either  the  Church  or  withdrawers  refuse  to 
chuse,  then  the  Court  to  chuse  instead  of  that  part  y*  discents, 
leauei'ig  liberty  to  y*^  other  part  to  make  choyce  for  themselues 
such  able  and  indifferent  men  as  they  can  agree  vpon  to  be  in- 
strumental in  issueing  these  sad  differences,  by  hearing  the  dis- 
pute as  before  and  passing  determination  thereon.  And  if  either 
part  be  dissatisfied  w^^  the  determinations  of  the  persons  y*  are 
soe  chosen,  that  then  there  may  be  liberty  for  the  dissatisfied 


OF      CONNECTICUT.  321 

party  to  obiect,  that  soe  the  determination  may  be  vindicated 
and  confirmed  by  scripture  and  reason. 

These  being  p^pounded  the  withdrawers  were  wilUng  to  chuse, 
as  in  3d  Propositi  The  Church  at  Hartford  refused.  Soe,  in 
issue,  the  Court  on  the  one  part  chose  Mr.  Cobbit,  Mr.  Michil, 
Mr.  Danforth,  and  for  a  Reserue,  Mr.  Browne  ;  and  Mr.  Street 
for  a  reserue  to  y™  yt  ye  withdrawers  chose,  who  were  Mr. 
Dauenport,  Mr.  Norton,  Mr.  Fitch. 

The  seueral  Elders  forementioned,  chosen  to  assist  in  the  dif- 
ferences at  Hartford,  are  requested  to  come  vp  to  Hartford  by 
the  17*ii  of  September,  to  assist  in  that  seruice. 

Its  ordered,  that  L's  of  request  shalbe  sent  from  the  Court 
and  both  parties,  to  y^  several  Elders  and  y  Churches,  for  to 
effect  the  same. 

Mr.  AUyn,  Mr.  Phelpes,  Mr.  Henry  Clark  and  the  Secretary, 
are  appoynted  to  write  and  indite  the  sayd  L^s,  in  behalfe  of 
the  Court,  and  to  send  them. 

Mr.  John  Allyn,  Edward  Stebbing,  Nath:  Ward,  John  Ber- 
nard, are  appoynted  to  take  in  the  account  of  the  charge  re- 
specting al  ye  Elders  attending  the  last  Council,  and  the  man 
[101]  y*  was  maimed,  and  to  distribute  it  by  way  ||  of  rate  vpon 
both  parties,  viz :  the  church  at  Hartf:  aud  y^  withdrawers. 

In  regard  that  the  Court  appi'hends  y*  the  order  concerne- 
ing  the  stateing  and  draweing  forth  of  the  Quaestions  in  contro- 
uersy  twixt  the  Church  at  Hartford  and  the  withdrawers,  hath 
not  bene  fully  attended,  it  is  therfore  ordered,  that  twixt  this 
and  the  8*  of  September  next,  each  party  shal  attend  the  fore- 
sayd  order,  in  draweing  forth  and  playnly  stateing  al  such 
Quaestions  as  they  desire  to  haue  debated  before  the  Council. 
And  in  case  they  attend  not  to  deli  uer  the  sayd  Quaestions  or 
Positions  each  to  other,  before  that  day  appoynted,  whateuer  is 
neglected  to  be  p^sented  as  aforesayd  shal  not  be  attended  by 
the  Council ;  and  it  is  also  required  that  each  party  doe  playnly 
declare  what  it  is  that  they  wil  mainteine  in  their  Quaestions, 
either  negatiuely  or  affirmatiuely,  as  matter  of  offence.  And  in 
case  there  be  no  more  Quaestions  deliuered  in  by  that  time  ap- 
poynted, then  ye  quasstions  already  p^sented  shal  stand  as  that 
w^h  the  Council  is  to  attend.     And  both  parties  are  to  send  iu 


322  PUBLIC     RECORDS 

a  coppy  of  their  Qusestions  or  positions  to  y^  Secretary  of  y^ 
Court. 

According  to  y^  desire  of  Jasper  Varleet,  manifested  to  Mr. 
Gouern'^  and  Mr.  AUyn,  in  reference  to  Isbrand  Goodheart,  It  is 
ordered  by  this  Court,  That  Isbrand  Goodheart,  now  in  durance, 
shalbe  returned  vnto  Jasper  Varleet,  to  be  at  his  dispose,  to  im- 
proue  him  for  his  vse,  vntil  the  remainder  of  that  debt  for  w^h 
he  is  now  in  durance  be  satisfied, — Provided  the  sayd  Varleet 
make  not  sale  of  the  sayd  Isbrand  to  any  forreigne  Inhabitants 
or  Pagans.  And  the  sayd  Jasper  is  to  returne  both  Isbrand  and 
an  account  of  the  debt  vnto  the  next  Court. 

This  Court  is  adiourned  vntil  Munday  next,  23  Aug^t. 


Augs^  23.  This  Court,  haueing  considered  the  Order  about 
landing  Rum  and  Barbados  liquors,  doe  now  impose  the  forfeit- 
ure specified  in  the  sayd  order,  only  vppon  draweing  out  and 
selling  the  sayd  liquors. 

This  Court  orders  that  the  several  Townes  where  any  part  of 
the  estates  either  of  Edw:  Hopkins  Esq^  deceasd,  or  George 
Fenwick  Esq^  deceased,  be  knowne  to  remayne,  shal  speedily 
take  an  Inventory  of  the  sayd  estate  and  p'sent  it,  vnd""  the 
hands  of  those  yt  order  the  prudentials  of  the  Towne,  to  y^ 
Court  in  Octobi*  next. 

Its  ordered,  that  the  several  Constables  in  the  Planta[tions] 
vpon  the  Riuer,  that  haue  had  to  doe  in  gathering  in  and  deliv- 
ering the  paym*  for  ye  purchase  of  the  Riuer,  shal  bring  in  their 
receipts  respecting  the  sayd  paym*,  vnto  y^  Court  in  October 
next,  if  it  be  not  done  already. 

In  reference  vnto  a  General  Muster,  This  Court  leaues  it  vnto 
the  Maior  to  appoynt  the  time  for  calling  the  companies  togeth- 
[102]  er  this  year,  as  he  iudgeth  most  sutable,  ||  for  time  and 
place.  And  the  three  p>"ticuler  training  dayes,  that  are  by 
order  and  custome  to  be  attended  for  this  latter  part  of  the  year, 
in  the  Plantations  yt  doe  assemble  at  the  General  meeting,  are 
remitted,  and  are  to  issue  in  the  General  Muster  w^h  is  to  be 
attended  for  two  dayes  space.  And  its  also  required,  that  noe 
souldier  that  attends  the  service  aforesayd  shal  deminish  any  of 
that  prportion  of  powder  that  y^  Order  of  the  Countrey  impo- 
seth  on  him  for  his  store. 


OF     CONNECTICUT.  323 

This  Court  Orders,  vpon  the  request  of  Mr.  Allyn,  that  the 
case  respecting  [him]  and  Mrs.  Alcot  shalbe  attended  in  the 
Court  in  October,  and  that  sumons  shalbe  granted  by  the  Sec- 
retary, for  yt  purpose. 

On  Wednesday,  the  8*^  of  September,  is  appoynted  a  solemne 
humihation,  in  al  the  Plantations  in  this  Collony,  to  implore  the 
fauour  of  God  towards  his  people,  in  regard  of  the  intemperate 
season,  thin  harvest,  sore  visitation  by  sicknes  in  several  Plan- 
tations, and  the  sad  prolonged  differences  yt  yet  remaine  vnre- 
conciled  in  Ch^ :  and  Plantations ;  and  that  God  would  succeed 
such  meanes  as  are  appoynted  to  be  attended  for  the  healing  of 
the  foresayd  differences. 

Mr.  Mathew  Allyn  is  appoynted  by  the  Court,  to  stand  as  a 
Cornittee  w'^  Mr.  Henry  Clark,  of  Windsor,  to  act  in  the  dis- 
posing of  lands  at  Mussawco,  according  to  former  order  of  Court. 


At  a  Session  of  the  Gen':  Court  at  Hartf:  Octob""  7,  1658. 

Thomas  Wells  Esq^  Gou^. 

Magestrates:      Mr.   Webster,  Maior  Mason,  Mr.  Willis, 

Mr.  Tailcot,  Mr.  Phelps,  Mr.  Treat,  Mr.  Allyn, 
Secretary ;  Daniel  Clark. 

Deputies:     Mr.  Steel,  Capt.  Lord,  Deaco  Gaylard,  Will: 

Wadsworth,  Joseph  Migat,  Rich:  Butler,  John  Bissel 

Sen"",  Edw:  Griswold,  Lieu*^  HoUister,  Mr.  Sam:  Wells, 

Jo:    Demant,  Sam''  Boreman,  Mr.  Brewster,  Goodm: 

Morgan,  Mr.  Ward,  Mr.  Hill,  Thom:  Fairchild,  Joseph 

Judson,  Nath:  Richards,    Waif  Hoyt,    Goodm:    Judd, 

Rob':  Webster,  Georg  Graues,  Jo:  Clark,  Rob*  Chapman. 

It  is  ordered  by  this  Court,  yt  al  the  receipts  respecting  the 

several  rates  payd  for  the  purchase  of  y«>  Riuer,  pi'sented  vnto 

the  Court,  shalbe  recorded  by  the  Secretary  into  ye  Countrey's 

booke  of  Records. 

Vpon  the  motion  of  Mr.  Ward,  respecting  the  estates  of 
pi'sons  deceased,  at  Fairfeild,  This  Court  doth  appoynt  Mr. 
Ward,  Mr.  Hill,  with  the  Towni  smen  of  Fairefeild,  to  assist 
Mr.  John  Wells  and  Assistant  Campfeild  in  proueing  Wills  and 
takeing  in  Inventories,  and  distributeing  estates  of  p''sons  y* 


324  PUBLICRECORDS  , 

dyed  intestate,  and  to  appoynt  administrators;  and  in  case  any 

are  vnsatisfied  w^h  their  determinations  lierin,  they  haue  Hberty 

to  make  their  address  to  y*^  next  Session  of  this  Court,     This 

ord""  respects  Stratford,  Fairfeild  and  Norwalke. 

The  Hst  of  the  Persons  and  Estates  w^hin  this  Jurisdiction, 

p^sented  to  this  Court: — 

£ 

Hartford,  Persons,    187.      Estat,  20547. 

[103]       Windsor,  Persons,    160.      Estat,  16209. 

Wethersfeild,       P'sons  &  Estate,  12397. 

Fairfeild,  P^sons  &  Estate,  10509.  135. 

Stratford,  P^sons  &  Estates,  8646. 

Norwalk,  P^sons  &  Estate,  3297. 

Middle  Towne,    P^sons  &  Estate,  2326. 

Farmington,        Pi^sons  &  Estate,  5761. 

New  London,      Pi^sons  &  Estates,  5793.    4s. 

This  Court  graunts  a  Rate  of  a  penny  pi"  pound  to  be  levied 
vppon  the  estate  of  this  Collony. 

This  Court  haueing  considered  the  former  ord""  about  Qua- 
kers and  such  like  Heretiques,  doe  now  see  cause  to  leaue  it 
vnto  y^  discretion  of  the  Magestrates  or  Assistants,  within  this 
Jurisdiction,  where  any  such  p^sons  shalbe  found  fomenting 
their  wicked  Tenets  and  shalbe  legally  convicted  to  be  dis- 
turbeing  to  y^  publique  peace,  to  punish  the  sayd  Heretiques  by 
fine  or  banishment  or  corporeal  punishm*  as  they  iudge  meete. 
And  the  same  to  be  inflicted  vppon  any  p^son  or  pi^sons  that 
shalbe  instrumental  to  bring  any  such  p^sons,  viz:  Heretiques, 
by  sea  or  land,  into  any  Plantation  in  this  Collony,  P^vided  the 
fine  for  a  pniculer  default  exceed  not  the  sum  of  ten  pounds. 

It  is  ordered  by  this  Court,  that  in  case  there  fal  out  any  sud- 
den exigent,  in  any  Plantation  in  this  Collony,  by  assault  of  In- 
dians or  any  other  Enemy,  to  y^  disturbance  and  hazzard  of 
the  Publique  weale,  that  then  it  shalbe  in  the  power  of  the 
p^sent  Milletary  officers  belonging  to  y^  place  soe  disturbed,  to 
require  and  cal  forth  the  souldiers  that  are  belonging  to  their 
comand  in  yt  place,  to  marshal  them  and  order  and  dispose 
them  as  need  and  p^sent  occasions  shall  require  to  defend  the 
place  assaulted  and  to  quit  the  enemy  ;  and  in  case  need  re- 
quire, to  assist  a  neighbour   Plantation   in  any  extremity  as 


,  OFCONNECTICUT.  325 

aforesayd,  that  then  the  miletary  officers  shal  advise  w^h  such 
Magestrate  or  Magestrates  or  Assistants  as  may  conveniently 
be  obteined,  what  way  to  act  for  releif  of  their  neighbouring 
freinds.  And  this  course  to  be  attended  vpon  all  such  occa- 
sions vntil  the  Court  shal  take  further  order. 

This  Court  is  adiourned  vntil  the  next  Wednesday  aff  the 
p^ticuler  Court  in  March. 

The  Magestrates  appoynted  the  first  Wednesday  in  Nouemb"" 
a  publique  Thanksgiueing,  for  England's  late  victories  and 
pi'servation,  and  for  the  mercy  of  God  to  vs,  in  o""  continued 
peace  and  the  abatement  of  the  sore  sicknes  wherewith  many 
Plantations  were  visited  in  this  and  other  Collonies. 


[104]     The  several  Receipts  respecting  the  paym^s  for  y^ 

PURCHASE  OF  SeABROOK  FoRT  ETC. 

1647        I  doe  acknowledge  hereby  to  haue  receaued  of  the 

Windsor.     Constables  of  Windsor,  for  y^  year  1647,  vpon  the 

composition  w^h  Mr.  Fenwick,  the  sum  of  thirty 

s;eauen  pounds  fine  shilling  and  seauen  penc,  I  say  reed,  for  y^ 

vse  aforesayd,  37/.     5s.  Id. 

04.     19.    6. 


6th  Feb:  1647.        42.      5.     1.  Ed:  Hopkins. 

Rec^  more,  of  Aaron  Cook,  0.  17.  0. 

Jno.  Bissel,  1.  00.  0. 

\\\  Bushis  wheat,  2.  06.  0. 

4"Bush:  pease,  0.   12.  0. 

Jno.  Tinkrs  Farm,  0.  04.  6. 


4.   19.  6.    4.   19.  6. 
37.     5.  7. 


42.     5.   1. 


3*1  March,  1655. 

1655         Receiued  of  Bartholomew  Bernard  and  Will'  Par- 
Hartford,     trigge,  Constables  for  y"  Towne  of  Hartford,  in 
ye  yeare  (55)  the  sume  of  Sixty  pounds  hue  shil- 
lings, for  y^  vse  of  George   Fenwick  Esq^,  vpon  ye  Agreem* 
about  ye  Fort  at  Seabrook,  I  say  rec^  the  day  and  yeare  aboue- 

29 


326  PUBLICRECORDS  , 

said,  in  part  of  what  is  payable  to  him  by  the  Townes  vpon  the 
Riuer  for  y®  yeare  past,  60/.  05s.  00c?. 

John  CuUick. 

1654  Rec<J  of  Sam^i  Smith  and  Jn^  Demming,  Consta- 
Wethersfid.  bles  in  Wethersfeild,  in  y^  year  1654,  the  sum  of 
Twenty  one  pound  eight  shilhngs  six  pence,  w^h 
was  payd  in  April  (54.)  And  ReC^  of  y™  in  Corne  in  April  (55) 
the  sum  of  Twenty  eight  pounds  one  shilling  and  sixpence,  both 
w*''^  payments  are  made  in  reference  to  their  p^portion  in  Weth- 
ersfeild for  ye  composition  for  the  Fort,  and  for  the  aforsaid 
yeare  of  their  Constableship ;  both  w^h  paymts  aforesaid  were 
not  made  neither  for  time  nor  kind  according  to  the  Countreyes 
agreemt  w^^  Geo:  Fenwick  Esq"".  Witness  my  hand  this  seau- 
enth  Feb:  1655. 

John  Cullick. 

1654      Reed  of  John  Standley,  of  Farmington,  last  spring 

Farm:      twelue  month,  Thirteen  pounds,  seauenteen  shillings, 

and  last  sumer,  one  pound  eight  shillings,  w^-'^  he 

payd  vpon  the  ace",  of  the  Fort  Rate  for  Farmington,  in  the 

year  of  his  Constableship  there,  W^^  was  1654.     Witness  my 

hand,  this  30*1^  Nouemb^  1655. 

John  Cullick, 

1656  ReC^  by  me,  John  Cullick  of  Hartford,  of  Jona- 
Windsor.  than  Gillet  and  Abraham  Randal,  Constables  in 
Windsor,  in  y^  year  1656,  the  sum  of  Twenty  six 
pounds,  fifteen  shillings  and  sixpence,  part  of  it  being  paid  to 
John  Bernard  for  my  vse  in  y^  year  of  their  Constableship,  and 
the  rest  the  day  of  the  date  of  these  pr'^ts^  w^h  aforesayd  sum 
is  in  part  of  payment  of  their  Townes  p^portion,  in  the  afore- 
[105]  said  year  of  their  Constableship,  for  y^  Composition  w^h 
George  Fenwick  Esq'',  in  reference  to  ye  Fort  at  Seabrook,  I 
say  Reed  this  25'^  day  of  June,  1658,  the  su  of  26/.   15s.  06d. 

John  Cullick. 

Hartford,     Rec^  of  Richard  Goodman  and  John  Bayly,  Con- 

1656-57.     stables  in  Hartford,  the  sum  of  Sixty  pounds  fine 

shillings,  being  for  that  Townes  p'"portion  in  the 

yeare  of  their  Constableship,  of  the  composition  w^^  George 

Fenwick  Esq^,  about  the  Forte,  I  say  Rec^  as  aboue  this  le^"^ 

of  March,  1656-57,  Witness  my  hand. 

John  Cullick. 


OFCONNECTICUT.  327 

Hartford,  Rec^  of  Will;  Lewis  and  Gregory  Wilter- 

28th  Feb.  1654.     ton  the  sum  of  Sixty  pounds  fiue  shillings, 
w^h  is  for  Hartfords  pi'portion  (for  the  yeare 
of  their  Constableship,)  of  the  Composition  made  between  this 
Jurisdiction  and  George  Fenwick  Esqf,  in  reference  to  Sea- 
brook  Fort,  I  say  Rec^  of  them,  60d.  5s.  0. 

John  CuUick. 

1652  Whereas  the  Constable  of  Farmington,  in  the  year 
Farm:  1652,  did  pay  vnto  me  vppon  the  acco;  of  the  Com- 
position for  ye  Fort  at  Seabrook  betwixt  Georg  Fen- 
wick Esq""  and  y^  Colony  of  Conecticut,  the  sum  of  Fourteen 
pounds  sixteen  shillings  and  eight  pence,  and  John  Brunson,  of 
Farmington,  doth  now  promis  to  pay  the  remainder  (next 
March,)  w^h  is  eight  shillings  and  fourpence  ;  the  said  John 
Brunson  alsoe  affirming  that  I  gaue  him  no  receipt  for  the  same, 
I  doe  hereby  declare  that  I  owne  the  receipt  of  so  much  vpon 
the  AccQt  aforesaid,  provided  no  former  receipt  come  in  to  my 
pi'iudice  for  the  same,  and  John  Brunson  aforesayd  saue  me 
harmles  therefrom.  Witness  my  hand,  this  27'^  day  of  Sep- 
tembs  1658. 

John  Cullick. 

1657.     Reed  of  John  Root,  of  Farmington,  14th  April,  1657, 
according  to  the  warrant  granted  for  the  gathering  of 
the  Rate  respecting  the  purchase  of  the  Fort,  The  sum  of  Fif- 
teen pounds  fiue  shillings. 

John  Cullick. 

Rec^  of  John  Coal,  Constable  for  this  year  in  Farmington, 
the  sum  of  Fifteen  pounds  fiue  shillings,  w^h  is  for  that  Townes 
p''portion  in  the  year  of  his  Constableship,  of  the  composition 
for  the  forte,  1  say  receaued  this  30^^  of  Novemb^  15/.  05s.  OOd. 

John  Cullick. 


[106] 

Connecticut.  Por  severall  good  considerations  moueing 
herevnto.  It  is  now  ordered  and  enacted  by 
the  General  Court  of  Conecticut,  this  instant 
October,  the  seaventh,  sixteen  hundred  and 
sixty. 

1.  That  Capt.  John  Cullick,  in  behalf  of  his  now  wife  and  her 
children,  shal  from  henceforth  haue  ful  and  free  libertie  to  pos- 
sess and  in)proue  the  estate  of  George  Fenwick  Esq^  lying  in 


328  PUBLIC      RECORDS 

this  Collony,  according  to  y^  true  intent  and  meaninge  of  y^ 
last  Will  and  Testam*  of  George  Fenwick  Esq"",  as  alsoe  this 
Court  graunts  vnto  the  said  Cap'.  John  CuUick  full  power  of 
administring  to  ye  foresaid  estate  in  behalf  himself,  his  wife  and 
h""  children,  as  legattees  to  y^  foresaid  estate. 

2.  That  Capt.  John  CuUick  and  his  heires,  from  henceforth, 
are  fully  discharged  and  released  from  his  engagement  made  in 
Court,  respecting  eight  hundred  pounds  estate. 

3.  The  Generall  Court  doe  for  themselues  and  their  success- 
ors hereby  fully  remit,  release  and  quit  claime  all  their  right  and 
intrest  to,  and  further  and  future  demands  respecting  a  legacy 
of  fiue  hundred  pounds,  specified  in  y«  last  will  of  George  Fen- 
wick Esq"". 

4.  The  Generall  Court  doth  hereby,  for  themselues  and  their 
successors,  fully  and  foreuer  discharge  and  secure  the  said  Capt. 
John  Cullick,  his  now  wife,  and  her  children  and  successors, 
from  all  demands  and  further  and  future  troubles  and  molesta- 
tions by  any,  from,  by  and  vnder  vs,  both  respecting  the  Legacy 
forementioned,  and  respecting  moneyes  expended  by  y^  Colony 
or  pi'ticuler  Townes  therein,  in  referenc  to  y^  purchase  of  ye 
Riuer,  and  acquittances  giuen  for  y^  said  moneyes. 

5.  And  further,  this  Court  doth  hereby  declare,  that  Capt. 
Cullick,  his  wife  and  their  children  and  successors,  shal  from 
henceforth  and  for  future,  be  wholly  freed  from  all  trouble  by 
sutes  of  law  by  any  from,  by  and  vnder  vs,  in  reference  to  y^ 
agreement  respecting  ye  purchase  of  ye  Riuer. 

The  forementioned  graunts  are  confirmed  by  the  Gen^i  Court, 
vnto  Capt.  John  CuUick,  his  now  wife  and  her  children  and 
successors,  vpon  consideration  of  fiue  hundred  pounds,  to  be 
paid  by  him  vnto  this  Court  or  their  order,  and  acquittances 
giuen  for  moneyes  paid  and  other  discharges,  more  largely  spe- 
cified in  specialties  giuen  by  the  said  Capt.  CuUick  vnto  this 
Court. 

The  true  intent  and  meaning  of  ye  fift  perticuler  grant  of  ye 
Court  is,  that  Cap*.  John  Cullick  &  his  wife  and  heires  are 
freed  from  all  trouble  and  molestation  soe  far  and  noe  further 
then  ye  estate  bequeathed  to  them  had  or  hath  any  reference 
to  ye  agreement  made  between  Georg  Fenwick  Esq'  and  this 
Genrii  Court. 


OF      CONNECTICUT.  329 

In  confirmation  of  ye  prmises  Enacted  by  the  Gen:  Court 

&  by  order  of  y^  Gen:  Court,  and  by  their  order  subscribed, 

I  haue  caused  the  seale  of  ye  pr.  Dan:  Clark,  Secretary 

Coll:  to  be  herevnto  affixed  as  to  y^  Collony  of  Conect- 

aboue  appeareth  on  ye  mar-  icutt. 
gent.     Jo:    Winthrop,   Gou'. 

This  writing  is  a  true  Coppy  of  an  Orignii  d'd  p""  ye  Gen^^ 
Court,  to  Cap*.  Jn".  Cullick,  transcribed  p""  Danii  Clark,  SeCy. 


[107]     A  discharg  from  Cap*.  John  Cullick  and  his  wife,  to  y^ 
Gen^i  Court  of  Conecticut.* 

These  p^t^  testifie  to  all  to  whom  they  may  be  of  concern- 
ment, that  we,  John  and  Elizabeth  Cullick,  of  Boston,  in  New 
England,  vppon  good  consideration  moueing  vs  hereunto,  doe, 
for  our  selues  and  heires  and  ye  legatees  to  ye  estate  of  Georg 
Fenwick  Esqf,  lying  or  situate  in  New  England,  hereby  fully 
and  freely  and  for  euer  acquit  and  discharg  the  Colony  of  Con- 
ecticut, with  ye  Generall  Court  and  all  and  every  Plantation 
therein,  from  all  sum  or  sums  of  money  already  paid  or  any 
way  payable  vnto  Georg  Fenwick  Esq^,  or  his  assignes  by  vir- 
tue of  an  Agreem*  and  purchase  made  of  ye  Riuer  ;  And  doe 
hereby  fully  discharge  and  acquit  and  secure  the  said  Court  and 
all  those  Plantations  that  were  concerned  in  ye  said  purchase, 
from  all  future  demands,  troubles  or  molestations  by  any  from, 
by  or  vnd'  vs  or  any  of  vs,  in  referenc  to  any  moneyes  that  haue 
bene  alredy  paid  or  y*  may  be  deemed  to  be  due  by  virtue  of 
the  said  Agreem^.  In  witness  to  ye  prmises  we,  John  and 
Elizabeth  Cullick  haue  hereunto  fixed  o""  hands  and  scales,  this 
instant  October  the  seauenth,  1660. 

Signed,  sealed  and  delivd  John  Cullick.  (       j 

in  pi'senceof  vs, 
Daniell  Clark,  Elizabeth  Cullick. 

Thomas  Bull. 

Recorded  out  of  ye  originall,  and  is  a  true  extract,  exam- 
ined pr  me  Daniell  Clark,  SeC-y. 


•  See  Appendix,  No.  VI. 

29* 


330  public    records 

[108]     At  a  Session  op  the  Gen:  Court,  at  Hartford,  M^'ch 

9,  58-59. 

Thorns  Wells  Esq"",  Gour. 
Jo:  Winthrop  Esq^  Deputy. 

Magestrates :     Mr.  Webster,  Maior  Mason,  Mr.  Willis, 
Mr.  Talcot,  Mr.  Phelps,  Mr.  Allyn,  Mr.  Treat,  Mr.  John 
Wells. 
Deputyes :     Dan:  Clark,  Secret:  Mr.  Steel,  Mr.  Gaylard, 
Mr.   Brewster,  Cap^:  Lord,   John  Bissel,    Will:  Wads- 
worth,  Joseph  Migat,  Mr.  Sam^i  Wells,  Goodm:  Morgan, 
Goodm:  Demant,  Richrd  Butler,  Edw^'d  Griswold,  Rob* 
Webster. 
This  Court  hath  remitted  a  third  part  of  the  fine  imposed  on 
Nicholas  Palmer,  by  the  Court  of  Magestrates,  for  glueing  Cider 
to  Indians. 

Vppon  consid''ation  about  a  request  of  L*  Hollister,  pi'sented 
to  this  Court,  respecting  the  charges  of  the  Ch.  of  Wethersfeild 
agaynst  him,  vpon  w^Ji  he  was  excomunicated,  the  Court  find- 
ing that  former  indeauours  have  not  p''vayled  to  obtaine  them, 
doe  hereby  declare,  that  this  Court  iudgeth  it  agreeable  to  y^ 
General  practice  of  the  Ch^  amongst  vs,  to  deliuer  vnto  y^  de- 
linquent the  pUiculers  of  his  offence  in  writeing  (if  he  desire  it,) 
before  they  proceed  to  excom:  or  elce  they,  by  the  Elders,  sea- 
sonably after  the  sentence,  doe  giue  in  the  charges  for  y^  delin- 
qnts  benefit  and  conviction ; 

The  w<=h  this  Court  doth  iudge  ought  to  haue  bene  attended 
by  the  Ch:  of  Wethersfeild,  and  the  pniculers  wherein  L*  Hol- 
lister hath  offended  (for  wh°h  he  was  censured,)  sent  to  him  from 
the  Church,  or  elce  that  the  Ch:  doe  order  or  enable  the  Elder 
to  deliuer  the  said  charges  to  y^  L*  Hollister  or  to  some  trusty 
messengr  improued  by  him  to  fetch  them  at  the  Elders  house. 
But  in  case  y^  motion  or  advice  of  the  Court  p^vayle  not  to  pro- 
cure the  charges  forementioned;  then  the  Court  orders  Mr. 
Sam^i  Wells  and  Sam'*  Boreman  seasonably  to  repaire  vnto 
Mr.  Russel,  in  the  behalf  of  L^  Hollister,  and  in  the  name  of 
the  Courte  desire,  and  if  need  be,  require  of  him  and  the  Ch:  of 
Wethersfeild,  the  pniculer  charges  or  offences  for  w^h  Mr.  Hol- 
lister was  censured,  and  hauinge  receaved   the  sayd  charges 


OF     CONNECTICUT.  331 

from  Mr.  Russel  and  the  Ch:,  forthwith  to  deliuer  them  to  Mr. 
Hollister  for  his  help  and  conviction. 

And  whereas  Mr.  Treat,  Mr.  HolUster,  Jo:  Demant,  are  de- 
sirous and  wilhng  to  attend  some  regular  way  for  the  composing 
their  differences,  and  to  y*  end  desire  some  Ch^:  or  p^sons  may 
be  thought  on,  to  heare  and  determine  the  same  ;  It  is  desired 
by  the  Court,  that  Wethersfeild  Ch:,  wth  ye  officer,  would  con- 
sid)^  the  matter  and  seasonably,  wt^out  delay,  conclude  if  it  can 
be,  vpon  some  way  that  may  effect  the  issueing  their  sad 
differences. 

[109]  This  Court  sees  cause  to  repeale  that  order  or  orders 
wherein  the  selling  of  Sider  was  prohibited  ;  soe  far  as  the  ord*" 
respects  Cider,  so  far  it  is  repealed  ;  the  rests  stands  in  force. 

Its  ordered  by  this  Court,  that  there  shalbe  provided  for  every 
Mill  in  this  Collony,  a  Toll  dish,  of  a  just  Quart,  as  alsoe  a 
Pottle  dish  of  2  Quarts,  and  a  pinte  dish,  al  sealed,  and  an  instru- 
ment to  strike  w^h,  all  fit  for  the  purpose. 

Its  ordered,  that  for  the  future  it  shalbe  left  w^^  the  Mages- 
trates  in  this  Jurisdiction,  in  cases  respecting  the  selling  of 
Liquors  to  y^  Indians,  to  weigh  and  consid""  such  tests  as  are 
pi'sented,  w^i*  circumstances  accompanying  the  same,  and  to 
iudge  and  determine  the  cause,  as  reason  and  justice  in  their 
judgment  and  app^'hension  doe  require. 

Its  ordered  by  this  Court,  that  for  the  future  none  shalbe 
pi'sented  to  be  made  freemen  in  this  Jurisdiction,  or  haue  the 
priuilidge  of  freedome  conferd  vpon  them,  vntil  they  haue  ful- 
fild  the  age  of  twenty  one  years  and  haue  30/.  of  proper  per- 
sonal estate,  or  haue  borne  office  in  the  Como  wealth ;  such 
persons  quallified  as  before,  and  being  men  of  an  honest  and 
peaceable  conversation,  shalbe  pf'sented  in  an  ord^^ly  way  at  the 
General  Court  in  October,  yearly,  to  p^'vent  tumult  and  trouble 
at  the  Court  of  Election. 

It  is  ordered  by  this  Court,  that  for  al  such  orders  as  are  of 
publique  concernment,  and  sent  forth  into  the  whole  Collony  to 
be  published,  that  the  Secretary  shalbe  payd  for  his  paynes 
herein  out  of  the  publique  treasury,  and  the  several  Townes  to 
repay  the  same  to  the  Treasurer.  And  likewise  for  al  such 
orders  as  are  by  him  transcribed  into  the  Countrey  booke,  there 


332  PUBLIC      RECORDS 

shal  be  allowed  twelue  pence  for  euery  order,  out  of  the  pub- 
lique  treasury. 

Its  ordered  by  this  Court,  that  whateuer  wine  or  liquors  are 
brought  in  or  landed  in  any  part  or  porte  in  this  Jurisdiction 
(except  such  as  may  be  landed  for  transportation,)  shal  pay  for 
euery  Butt  of  wine,  20s.  to  y^  publique  treasury,  and  soe  pi'por- 
tionably  for  lesser  casks.  As  alsoe,  for  euery  Anchor  of  Liquors 
(except  before  excepted,)  there  shalbe  payd  to  y^  publique  treas- 
ury, fiue  shillings,  soep^'portionably  for  al  greater  or  lesser  casks 
or  quantities.  Al  w'^^  wanes  or  liquors  shalbe  entred  at  such 
place  and  by  them  y*  are  appoynted  herevnto  by  the  Court. 
This  order  to  be  duely  obserued,  vpon  penalty  of  forfeiting  such 
wine  or  liquors  as  are  discouered  and  proued  to  be  omitted  or 
neglected  to  be  entred.  And  within  one  month  after  the  pub- 
lication of  this  order,  it  is  to  stand  in  force. 

The  pi'sons  appoynted  for  entry  and  recording  such  Goods 
as  are  subiect  to  Custome,  by  the  forementioned  order,  are — 

For  Hartfurd,  Jonathan  Gilbert, 
[110]  Windsor,  Waher  Filer,  ^  These  p''sons  appoynted  for 

Wethersfeild,  Sam"  Boreman, 
Fairfeild,  Mr.  Will:  Hill, 


Stratford,  Rich'^  Butler, 
N:  London,  John  Smith, 
SeaBrook,  John  Westall, 
MiddleTowne,  John  Hall, 
Nor  walk,  Mr.  Camfield. 


this  service  are  allowed  for 
ye"^  paynes  herin,  for  every 
Butt  of  Wine  entred,  '2s. 
and  for  every  Anchor  of  Li- 
quors, twelve  pence  p"^  An- 
chor ;  and  soe  proportiona- 
bly  for  other  casks. 


Its  ordered  by  this  Court,  that  noe  p^son  in  this  Collony  shal 
draw  and  sel  Wine  or  Liquors  to  the  English,  by  retayle,  w'^. 
out  licence,  vppon  penalty  of  fiue  shillings  for  every  Quart. 
And  yt  none  y^  are  licenced  ordinary  keepers  shal  sel  liquors  for 
aboue  foure  shillings  by  the  Quart,  and  soe  p^portionably,  after 
that  rate,  for  other  quantities.  And  that  such  as  Stil  liquors, 
and  are  licenced  to  sel  by  i-etayle,  shal  not  sel  for  aboue  two 
shillings  by  the  Quart,  and  soe  p^portionably  to  y*  price,  for 
other  quantities. 

It  is  ordered  by  this  Court,  that  whatsoeuer  licences  haue 
bene  formerly  granted  to  any  priuate  p^sons  to  retayle  liquors, 
shal  stand  in  force  noe  longer  then  til  y^  General  Court  in  May 
next,  and  that  whateuer  licences  of  this  nature  are  graunted  for 


OP     CONNECTICUT.  333 

the  future,  they  shal  pfceed  imediately  from  y«  Gen^  Court ; 
And  yt  there  shalbe  2s.  Qd.  payd  to  the  Secretary  by  him  yt 
p^cures  the  licence.* 

Its  ordered  by  this  Court,  that  if  any  person  be  found  drunk, 
and  convicted  soe  to  be,  in  any  priuate  house,  he  shal  pay  twenty 
shillings  for  euery  transgression  of  this  nature,  vnto  the  pub- 
lique  treasury,  and  the  owner  of  the  house  where  the  person  is 
found  and  proued  to  be  made  drunk,  shal  pay  10s. 

Its  ordered  and  required  by  the  authority  of  this  Court,  that 
the  Constables  in  each  Towne  shal  make  diligent  search  vppon 
al  occasions  when  there  is  suspition  of  miscarriages  by  disor- 
dered meetings  of  p^sons  in  private  houses  to  tiple  together ; 
and  haueing  discouered  they  are  to  make  pi'sentm*  therof  topub- 
lique  authority,  and  such  as  are  convicted  to  be  guilty  of  the 
breach  of  this  order  shal  pay  fiue  shillings,  one  half  to  y^  pub- 
lique  treasury,  the  other  halfe  to  y^  p^son  discouering. 

Its  ordered  by  this  Court,  that  there  shal  not  be  any  corne  or 
malt  stild  into  Liquors,  in  any  Plantation  in  this  Colony. 

Middle  Towne  souldiers  are  abated  one  of  y^  ordinary  traine- 
ings,  that  soe  they  may  help  him  that  carries  on  the  Mill  there, 
vp  with  his  heauy  worke. 

[Ill]  Willi":  Wadsworth,  L':  HoUister  and  George  Graues 
are  appoynted  by  this  Court,  to  discouer  what  lands  are  adia- 
cent  to  ye  Riuer,  about  Thirty  Miles  Island,  on  both  sides,  for 
the  space  of  six  miles  vp  and  downeward  the  Riuer,  as  alsoe 
eastward  and  westward  from  the  Riuer. 

The  Treasurer  is  ordered  to  send  downe  Warr*  to  y^  Consta- 
ble and  Townsmen  of  Seabrook,  requireing  them  to  make  a 
valuation  of-  al  the  land  and  ratable  estate  at  the  Farme  at  6 
Miles  Island,  and  returne  a  list  thereof  to  y^  treasurer. 

This  Court,  taking  into  consideration  the  continued  troubles 
and  distance  twixt  the  Ch:  at  Hartford  and  the  w^hdrawen 
party,  after  further  indeauours  for  a  concurrenc  and  vnanimity 
to  cal  in  some  help  from  abroad,  and  findeing  their  labours 
herin  invalid,  haue  now  ordered  and  appoynted  a  council  to  be 
called  by  y^  Court  (leaueing  each  party  to  ye  liberty  whether 
they  wil  send  or  noe,)  to  be  helpful  in  issueing  the  Questions  in 
controuersy. 

*  [In  the  margin ;]  "  This  order  concernes  not  Ordinary  keepers." 


334  PUBLIC     RECORDS 

Its  ordered  that  those  Ch^:  (whose  Elders  were  requested  to 
come  hither)  should  be  desired  by  h^^  from  ye  Secretary,  in 
the  name  of  the  Court,  to  send  vs  one  from  each  Ch:  of  their 
ablest  instruments,  to  be  pi'sent  at  Hartford,  by  the  third  of 
June  next,  to  assist  in  heareing  and  issueing  these  differences. 

Its  alsoe  ordered  and  expected  by  the  Court,  that  the  Qusest^ 
in  controversy  shalbe  publiquely  disputed  in  the  pi'sence  of  the 
Council,  according  to  former  order.  And  y*  each  party,  both 
ye  Church  at  Hartford  and  ye  withdrawers,  shal  ioyntly  concur 
in  bearing  the  charges  of  the  former  Council,  and  in  p^pareing 
and  provideing  for  this  yt  is  now  to  be  called. 

Edward  Stebbing,  Jno:  Allyn,  John  Bernard,  Nath:  Ward, 
George  Graues,  or  any  three  of  them,  are  to  levy  the  rate  for 
the  charge  of  the  last  Council,  according  to  former  order,  and 
to  make  provision  for  ye  entertaynem*  of  this  Councill. 


[112]     At  the   GenII   Court  of  Election.  Hartford,  May 

19,  59. 
Magistrates  chosen  : 

John  Winthrop  Esq"",  Gou"". 

Thom:  Wells  Esq"-,  Deputy. 

Mr.  Webster,  Major  Mason,  Mr.  Hen:  Clark,  Mr.  Wil- 
lis, Mr.  Talcot,  ^  Treas:  Mr.  Phelps,  Mr.  Allyn,  Mr. 
Tratt,  Mr.  Jo:  Wells,  Mr.  Gould,  Mr.  Ogden,  Capt.  Tap- 
pin,  Thomas  Baker,  Rob*  Bond,  Dan^i;  Clark,  Secrefy. 

Deputies :  Deacon  Gaylard,  Cap*.  Lord,  Secrefy  Clark, 
Mr.  Campfield,  Will'  Wadsworth,  Joseph  Migatt,  Rich: 
Butler,  Edw:  Griswold,  Josias  Hull,  John:  Standley, 
John  Hart,  Hugh  Caulkin,  Rob*  Webster,  James  Avery, 
Samii  Stocken,  Cornelius  Hull,  John  Wheeler,  Thomas 
Fairchild,  Joseph  Judson,  John  Clark,  Rob'  Chapman, 
L*  Hollister,  John  Demant,  Sam^i  Wells,  Sam^i  Bore- 
man. 

The  freemen  voted  to  leaue  the  choice  of  ye  Comissioners 
with  ye  Genii  Court. 

Coinissioners  chosen  for  ye  ensueing  year ;  John  Winthrop 
Esqr,  Gou"^ ;  Thomas  Wells  Esq^,  Deputy.      Reserue,  Maior 


OF      CONNECTICUT.  335 

Mason,  who  is  to  act  in  behalfe  of  tiiis  Collony  in  ye  busines 
respecting  Mistick  &  Paucat:  at  y^  next  meeting  of  y^  Coma's: 
The  Secrefy  to  assist,  as  occasion  shal  require. 

Mathew  Marvin  of  Norwalk  is  freed  from  watching  and 
trayninge. 

It  is  ordered  by  this  Court,  that  there  shalbe  Letters  sent  from 
ye  Secretary  of  this  Court  vnto  the  Gen^  Court  in  the  Massa- 
thuset,  to  informe  them  y*  it  is  o^  desire  and  resolution  to  bring 
the  case  respecting  Mistick  and  Paukatuck,  vnto  a  reveiw,  or 
second  consideration,  at  y^  meetinge  of  ye  Comt'S  and  therefore 
desire  them  of  ye  Massath:  to  provide  to  attend  ye  transaction 
of  ye  matter  forementioned. 

[113]  This  Court  haveing  considered  the  busines  respecting 
the  Indians  at  Paquanack,  and  the  difference  twixt  Stratford 
and  Fairfield  about  the  sayd  Ind^:  doe  see  cause  to  order,  that 
according  vnto  ye  desire  of  the  Indians  they  may  quietly  pos- 
sess and  enioy  from  hencforth  and  for  future,  that  parcel  of  land 
called  Gold  Hill :  And  that  there  shalbe  forthwith  so  much 
land  layd  out  within  the  liberties  of  Fairfield  as  the  Comitte 
appoynted  by  the  Court  shal  iudge  fit,  and  in  as  convenient  a 
place  as  may  best  answer  the  desire  and  benefit  of  the  Indians 
forementioned,  for  ye  future.  And  the  sayd  Comittee  is  to  see 
soe  much  land  layd  out  wt^in  ye  bounds  of  Fairfield,  for  ye  vse 
and  accomodation  of  Stratford,  as  y^  Golden  hill  forementioned 
is  for  quantity  and  quallity,  and  as  may  be  most  convenient  for 
ye  neighbours  of  Stratford.  And  in  case  Stratford  men  are 
vn willing  to  accept  of  land,  that  then  ye  Comittee  shal  appoynt 
how  much  and  in  what  kind  the  inhabitants  of  Fairfield  shal 
pay  vnto  Stratford,  in  way  of  satisfaction.  And  it  is  ordered 
and  concluded,  y*  this  parcel  of  land  called  Gold  Hill,  sunen- 
dered  by  Stratford  vnto  Paquanack  Indians,  accordinge  to  ye 
premisses,  shalbe  ful  satisfaction  from  them  vnto  the  Indians 
forenamed,  and  y*  neither  they  nor  their  successors  shal  make 
any  further  claimes  or  demaunds  of  land  from  Stratford,  but 
shal  from  henceforth  and  for  future  be  accounted  as  Fairfield 
Indians,  or  belonging  to  Fairfield,  to  be  pi'vided  for  by  them  for 
future  as  is  forementioned  in  the  order.  And  its  ordered,  y*  in 
case  these  Indians  shal  wholly  at  any  time  relinquish  and  desert 
Gold  Hill,  that  then  it  shal  remaine  to  Stratford  Plantation, 


336  PUBLIC      RECORDS 

they  repaying  to  Fairfield  the  one  half  of  y*  w^h  they  receaued 
in  consideration  of  the  sayd  land. 

The  Comittee  appoynted  by  the  Court  to  see  this  order  put 
in  execution,  are,  of  Norwalk,  Mr.  Campfield,  Mr.  Fitch,  Rich- 
ard Olmstead,  Nath^i  Elye,  who  are  to  bound  out  the  lands  at 
Gold  Hill,  about  80  Acres,  beginning  at  y^  foot  ofy^  hill  where 
ye  Wigwams  stood,  and  soe  to  run  vpwards  on  the  hill  and 
within  Fairfield  bounds,  as  is  aboue  mentioned.  And  the  sayd 
Cofoiittee  is  to  make  returne  to  y^  Court  in  October,  what  they 
doe  in  reference  to  this  order. 

Mr.  Campfield  pi'senting  from  the  Towne  of  Norwalk,  Rich^'d 
Olmstead  for  y  Lieutenant  and  Walter  Hoyt  for  their  Ser- 
geant, they  are  both  confirmed  by  this  Court. 

Mr.  Talcot,  Cap*^.  Lord  and  Joseph  Migat,  are  appointed  to 
take  and  p^sent  an  Inventory  of  y^  estate  of  Sam^i  Fitch,  at  y^ 
next  June  Court,  and  to  be  assistant  in  ye  distribution  and  man- 
agement of  ye  sayd  estate. 

[114]  Hartford,  May  20,  (59)  This  Court  haueing  consid- 
ered the  petition  p^'sented  by  the  inhabitants  of  Seabrook,  doe 
declare  y*^  they  approue  and  consent  to  what  is  desired  by  ye 
petitioners,  respecting  Mohegin,  p^vided  y*  within  ye  space  of 
three  yeares  they  doe  effect  a  Plantation  in  ye  place  p^pounded. 

The  Court  ordered  the  Secretary  to  send  an  Attachm*^  to  be 
serued  on  the  estate  of  Arthur  Bos  lock. 

Its  ordered  y'  ye  Assistants  in  this  Jurisdiction  shal  haue 
power  to  send  forth  destreints  for  levyng  rates  to  grant  replevins} 
to  p^ceed  according  to  law  in  punishing  Drunknes,  Lying,  Theft, 
•w^^ia  their  respectiue  pJ'cincts,  as  any  p^ticuler  Magistrate  may 
doe. 

Its  desired  by  this  Court,  That  ye  Gou^'no'',  Mr.  Willis,  Mr. 
Allyn,  Mr.  Trat,  Mr.  Brewester,  doe  assist  each  other  in  keep- 
ing Court  at  N:  London,  on  ye  first  day  of  June,  to  transact 
such  occasions  as  are  necessary  andshalbe  p^sented  vnto  them. 

Thomas  Basset  of  Fairfield,  is  freed  from  watching,  warding 
and  traininge. 

Vppon  consideration  of  what  hath  bin  propounded  by  Mr, 
Baker,  respecting  East  &  South  Hampton,  It  is  iudged  by  this 
Court  to  be  very  advantagious  to  ye  safety  and  comfort  of  ye 
Planta^:   aforesayd,  that  vppon  any  necessary  occasion  there 


OP     CONNECTICUT.  337 

should  be  liberty  allowed  vnto  y^  Magistrates,  or  y^  maior  part 
of  them,  to  call  a  Court  in  either  of  those  Plantat^:  according  as 
they  iudge  most  meet  and  to  impannel  Juries  or  summon  wit- 
nesses as  need  requires,  to  attend  the  Court  soe  called  out  of 
either  of  ye  Plantations. 

2.  It  is  iudged  that  noe  Magestrate  ought  to  be  called  to  ac- 
count for  any  error  in  transacting  mattes  of  Judicaf,  but  only 
by  the  Gen:  Court  at  Conecticut. 

3.  That  according  to  y«  Articles  of  Confederation,  it  is  not 
in  ye  hands  or  power  of  any  Magistrate  to  summon  any  to  Con- 
ecticut Court,  after  triall  at  Long  Island,  but  by  way  of  appeale, 
and  yt  in  all  ordinary  cases  it  is  very  meet  and  expedient  y' 
all  testimonies  should  be  taken  by  2  Magestrates,  before  PI'  & 
Deft,  upon  oath,  and  sent  ouer  hither,  if  occasion  soe  require, 
and  not  trouble  men  to  come  to  giue  pi'sonall  testimony  here. 

4.  Respecting  matter  or  charge  for  Magistrates  comeing  for 
information  in  cases  to  this  Court,  It  is  iudged  y*  where  it  re- 
dounds to  ye  p^ticuler  benefit  of  ye  Towne  concerned  in  it,  the 
charge  should  be  borne  by  the  Towne  to  w^i*  he  belongs ;  if 
any  difference  arise  about  ye  charges,  the  Magistrates  in  ye 
other  Plantation  to  decide  it. 

This  Court  is  adiourned  to  ye  3*^  Wednesday  in  June. 


[115]     At  a  Session  of  Gen:  Court,  Hartford,  June  15:  59. 
Jo:  Winthrop  Esq"",  Gou^ 
Tho:  Wells  Esqf,  Dep: 
Magistrates :     Mr.  Willis,  Mr.  Talcott,  Mr.  Allyn,  Mr. 

Phelps,  Mr.  Goold. 
Deputies  :     Deaco  Gaylard,  Capt.  Lord,  Secref:  Clarke, 
Will:  Wadsworth,  Jos:  Migat,  Rich:  Butler,  Jo:  Demant 
Sen:,  Mr.  Sam:  Wells,  Edw:  Griswold,  Josias  Hull,  Sam" 
Boreman,  Cornel:  Hull,  John  Wheeler,  John  Standley, 
Joseph  Judson,  Hugh  Caulkin. 
The  Gouerno^'s  WorshP  manifesting  his  desires  to  this  Court 
of  a  tract  of  Land  at  the  head  of  Pocatanack   Coue,  to  y® 
furtheranc    of  a  Plantat"    at  Quinibauge,  The  Court  haueing 
heard  and  considered  the  sayd  request,  haue  answered  it  to  ye 
30 


338  PUBLIC      RECORDS 

number  of  1500  Acres  vppon  the  Fresh  Riuer  together  with 
ye  Royalty  and  propriety  of  the  Riuer,  in  case  it  may  not  be 
p^iuditiall  to  any  Plantation,  nor  take  in  aboue  150  Acres  of 
Meadow. 

This  Court  doth  hereby  manifest  their  acceptance  of  the  in- 
habitants of  Quinibaug  vnd^  this  Gouernm*,  if  they  desire  the 
same. 

Deacon  Caulkin,  James  Morgan,  James  Avery,  are  appoynted 
to  lay  out  ye  Gouernours  land. 

Whereas  there  hath  bin  liberty  graunted  by  virtue  of  a  re- 
peale  of  former  orders  prohibiting  selling  Cider  to  English  and 
Indians,  This  Court  to  p^uent  the  excess  of  drinking  Cider,  and 
drunknes  thereby  too  frequently  obserued  in  ye  Indians,  and  y^ 
by  Cider  as  is  iudged,  doe  hereby  order,  that  whoeuer  sels  Cider 
to  Indian  or  Indians,  shal  for  future  sel  none  by  bottles  or  in 
Casks,  greater  or  lesser,  but  only  such  quantities  as  they  y*  sel 
shal  see  drunk  before  their  eyes,  in  y  p^sence,  yt  drunknes  and 
the  evil  effects  thereof  [jnay  he\  avoided  and  pi'uented. 

Its  ordered,  that  the  former  order  respecting  pi"viding  Ordi- 
nary keepers  in  each  Plantation,  shal  now  stand  in  force  of 
general  concernment  to  ye  whole  Collo: 

Mr.  Willis  is  requested  to  goe  downe  to  Sea  Brook,  to  assist 
ye  Maior  in  examininge  the  suspitions  about  witchery,  and  to 
act  therin  as  may  be  requisite. 

This  Court  doth  iudge  it  to  be  ye  duty  of  the  inhabitants  of 
Wethersfield  to  p^uide  for  ye  Towne  of  Wethersfield,  in  refer- 
ence to  ye  ministry. 

This  Court  obserueing  the  neglect  of  their  former  ord"^  in 
reference  to  ye  Inventories  of  the  estates  of  C  honed  freinds 
deceased,  Edward  Hopkins  and  George  Fenwick  Esq^s,  It  is 
therfore  now  ordered  and  required  by  this  Court,  y*  whateuer 
p'^son  or  p^'sons  in  this  Collo:  haue  in  y  p^'sent  possession  or  im- 
prouement  any  estate  yt  either  is  or  hath  bin  reputed  or  ac- 
counted the  estate  of  either  of  ye  aforesaid  Gent:  sine  their  de- 
cease, that  they  secure  and  prserue  the  said  estate  in  their  owne 
hands,  or  ye  value  thereof,  (casualties  exepted,)  to  be  accompt- 
ible  to  this  Court  when  required  thervnto,  vntil  ye  wills  and  in- 
ventories of  ye  sd  Gentl:  be  exhibited  into  ye  Court,  and  right 


OF     CONNECTICUT.  339 

owners  to  ye  estate  appeare,  and  administration  be  graunted  ac- 
cording to  law. 

This  Court  hath  granted  a  license  to  y^  Marshall  to  sell  wine 
by  retaile,  pi'vided  he  suffer  not  y^  wine  that  he  sels  to  be  drunk 
in  his  house. 

[116]  Its  ordered,  that  y^  general  heads  of  the  charges  against 
the  withdrawers  shalbe  sent  to  them,  and  that  they  appear  at 
the  Court  in  October,  to  answer  to  the  sayd  charges. 

Wednesday,  the  29  of  this  Instant,  is  appointed  to  be  kept  a 
solemne  Humiliation,  partly  for  England  and  partly  for  o""  owne 
selues,  in  regard  of  the  vnsetlednes  of  their  and  o^  peace, 
partly  for  the  season,  y'  God  would  p^uent  euills  yt  may  be  fear- 
ed, and  respecting  y^  Council,  that  God  would  bless  their  labours 
to  effect  a  good  issue,  if  they  come  vp. 

This  Court  iudgeth  it  necessary  that  several  of  y^  Ch^,  of  X*^ 
in  the  Massatuset  should  be  sent  vnto,  and  desired  to  afford  the 
help  of  their  Reu^nd  Elders  and  worthy  messengers  that  were 
of  the  former  Council  at  Hartford,  vnto  whom  are  added,  by 
the  nomination  of  the  withdrawers,  the  teaching  Elders  of 
Dorchester  and  WaterTowne.  The  Ch^  to  be  sent  to,  whose 
help  is  requested,  are  Boston,  Camb:,  Roxb:,  Dorchester,  Ipsw:, 
Dedham,  Water  T:,  CharlesTown,  Sudbury ;  seauen  wherof 
the  withdrawers  consented  to  ;  the  Court  and  Ch:  assenting  to 
and  desiringe  all  or  as  many  as  the  Lord  shall  incline  or  enable 
to  attend  the  worke ;  vnto  whose  decisiue  power,  the  with- 
drawen  partie  is  required,  the  Ch:  at  Hartford  freely  engaging 
to  submit  according  to  the  order  of  y^  Gosple. 

Its  the  rather  desired  that  those  Reuerend  Fild^^  and  Messen- 
gers of  ye  former  Council,  with  ye  other  two  conioyned,  should 
be  requested  to  be  helpful  now  againe  to  heare  and  determine 
these  irreconciled  differenc  at  Hartford  twixt  the  Ch:  and  w^^- 
drawen  members,  bee:  of  the  experim^  yt  hath  bin  made  of  their 
abillities  and  labouriousnes,  aud  the  good  issue  y*  was  effected 
therby,  workeing  a  pacification  amongst  them  y'  were  at  soe 
vast  a  distance  and  being  the  more  apt  and  ready  in  y^  contro- 
uersy  to  discerne  where  y^  root  and  occasion  of  y^  breach  is. 

The  Council  forementioned  is  requested  to  be  at  Hartford  the 
19  of  Aug^',  the  time  of  their  hearing  the  matters  in  differenc 


340  PUBLIC     RECORDS 

publiquely  debated,  according  to  former  ord"",  to  be  with  al  con- 
venient speed  after  their  comeing  vp. 

The  former  ord^s  respecting  charges  in  and  about  [the]  former 
Council,  and  p^videing  for  this  Council,  to  stand  in  force. 

The  Deputy  Gouerno'"  is  desired  to  inquire  into  ye  busines 
about  ye  Monheags  comeing  and  abideing  with  Seano,  and  to 
act  by  way  of  advice  as  his  WorsP  shal  iudge  meet. 

The  petition  of  James  Rogers  was  read  and  considered  and 
ye  things  petitioned  graunted,  viz:  150  Acres  next  vnto  y^ 
bounds  of  N.  London,  p^vided  it  doe  not  damnify  the  Indians 
nor  ye  Planta:  of  N.  London,  or  any  farme  now  layd  out ;  Goodm- 
Morgan  and  Avery  to  lay  it  out  to  him.  He  hath  liberty  graunt- 
ed to  possess  and  improue  what  land  Vncas  hath  giuen  him. 

Thomas  Burnam  is  required  to  appear  at  ye  Court  in  Octob^j 
to  answ^  for  his  former  cariage  complayned  of  to  y®  Court,  and 
L"^  Bull  is  required  to  p^secute  his  form""  compl^t  at  ye  Court 
aforesd. 


[117]     At  a  Session    of  the    Gen^  Court    at  Hartford^ 
OcTOB--  6,  59. 
John  Winthrop  Esqr  Gour. 
Thom^  Wells  Esq^  Dep. 
Magestrates:     Mr.  Willis,  Mr.  Phelps,   Mr.  Allyn,  Mr. 

Treate,  Mr.  Gould. 
Deputies :     Dan^i  Clark,  Sec:  Deaco  Gailard,  Mr.  Rich: 
Lord,  Will"!  Wadsworth,  Mr.  Robbins,  Joseph  Migat, 
Richrd  Butler,  Mr.   Sam'i  Wells,   John  Deminge,  Samii 
Boreman,  Edw^  Griswold,  Mr.  Hill,  Josias  Hull,  Thom^ 
Fairchild,   Joseph  Judson,  Jehu  Burr,  John  Gregory, 
Waltr  Hoit,  Samii  Stockin,  Nathan"  White,  John  Clark, 
Robt  Chapman,  Thom^  Judd,  John  Hart. 
This  Court  haueing  considered  the  Petition  of  Arthur  Bost- 
ick,  and  what  hath  bin  p^sented  in  behalfe  of  his  wife,  accord- 
ing to  ye  desire  and  pi^position  of  the  said  Arthur,  haue  appoint- 
ed Mr.  Blackman,  Goodman  Beardsley,   Mr.  Fairchild    and 
Joseph  Judson,  as  a  Comittee  to  considr  the  state  and  condition 
of  the  said  Bostock  and  his  wife,  and  to  ord'"  what  they  think 


OF     CONNECTICUT.  341 

sutable  therin  ;  and  in  case  Bostick  be  vnsatisfied  w'^  their 
act,  then  he  is  required  to  appear  at  y^  next  Session  of  this 
Court,  to  render  the  reason  of  his  dissatisfaction  with  the  act 
of  the  forest  Comittee.  And  the  Comittee  to  make  returne  at 
ye  next  Session,  what  their  determination  is  about  the  pi'mises. 
But  in  case  Bostock  rest  satisfied  w'^  what  is  done  by  the  Com- 
ittee, this  Court  doth  free  the  Attachm*  y*  was  formerly  laid  on 
ye  estate  of  the  said  Bostock. 

Cromwel  Bay  being  propounded  to  this  Court  to  be  admitted 
and  receaued  ynd""  this  Gouernment,*  The  Court  considering 
the  same,  haue  and  doe  declare  their  willingnes  to  accept  the 
said  Plantation  of  Setauk  ynd^  this  Jurisdiction,  soe  far  as  they 
may  not  any  way  intrench  vpon  the  Articles  of  Confoederation 
wth  the  other  three  Collonies,  and  therfore  desire  the  inhabit- 
ants of  Setauk  to  attend  the  next  sitting  of  the  Com^s  at  New- 
hauen,  if  they  think  meet,  to  act  for  and  in  their  own  behalf 
in  ye  prmises. 

The  last  wills  of  Edward  Hopkins  and  George  Fenwickf 
Esqi's  being  exhibited  into  this  Court,  it  is  thought  meet  by  the 
Court  yt  ye  former  restraint  layd  on  ye  estates  should  be  taken 

*  The  following  petition  had  been  presented  to  the  Gen.  Court,  by  the  inhabitants  of  the  plan- 
tation at  Croravvell's  Bay : 

"Cromwell  Bay,  alis  Setauke,  August  y«  6.  1659. 

It  hauing  pleased  God  to  dispose  the  harts  of  vs  the  inhabitance  of  the  place  aforesaid,  to 
subiect  our  plantation,  persons  and  estats  vnder  the  p'^tection  and  gouerraent  of  the  CoUoney  of 
Coneticoke,  for  the  full  accomplishment  of  the  p'mises,  wee  the  said  inhabitance  doe  request 
the  faviour  of  our  trusty  and  beloved  associats  Ensigne  Alixander  Brian  and  Samuell  Sherman  to 
solicit  our  vnion  w'li  the  sayd  Colloney  that  wee  may  be  accepted  a  member  of  the  sayd  body 
pollitick ;  the  terms  specified  in  all  humblenesse,  three  years  race  free,  in  respect  of  our  low  es- 
tate and  charge  in  poynt  of  purchas,  secondly,  in  regard  of  our  remotenes  from  the  head  Court, 
and  the  vncertaine  passage  ou^  the  Sound,  that  like  p'velege  might  be  granted  vs  liueing  on  Long 
Island  equall  wtii  South  and  East  Hampton ;  the  aforesayd  terms  being  granted  vnto  vs,  wee  the 
sayd  inhabLitance  athorize  the  sayd  Alixander  and  Sammuell  to  ratifie  and  conclud  the  sayd  vnion 
as  If  wee  the  said  inhabitance  were  personally  present.  Subscribed  w'^  a  vnanimos  consent,  day 
and  date  aboue  writen."  Signed  by,  John  Vnderhill,  Richard  Wodhull,  Roger  Cheston,  John 
Jenner,  William  Fance,  Thomas  Harlow,  James  Coke,  Johon  Diar,  Edward  Rous,  Thomas  [  ] 

Thomas  Mabbes,  George  Wood,  Henry  Rogers,  Roert  Acreley.     "  These  in  the  name  of  the  rest." 
[Towns  &  Lands,  Vol.  i.  Doc.  No.  9.] 

t  The  Will  of  Mr.  Hopkins,  (whose  death  occurred  a  day  or  two  before  that  of  Mr.  Fenwick, ) 
was  executed  Mar.  17th,  1656-7.  An  abstract  of  it  is  given  in  a  note  to  Savage's  Winth.  Jour. 
I  228.  Mr.  Fenwick's  Will  was  proved,  April  27th,  1657.  A  copy  of  it  is  preserved 
among  the  files  in  the  Secretary's  Office  (of  this  State,)  and  an  abstract  will  be  found  in  the 
Appendix,  No.  VII. 

30* 


342  PUBLIC     RECORDS 

of,  and  yt  y^  debts  due  to  y^  said  estates  be  required  and  gath- 
red  in,  to  p^uent  damadge  in  y^  estates. 

This  Court  takeing  into  consideration  the  long  and  tedious 
differences  and  troubles  y*  haue  bin  and  are  stil  continuing 
twixt  Mr.  Russel  and  severall  members  of  Wethers  field  Ch:, 
and  perticularly  twixt  Mr.  Russel  and  the  LS*  doe  iudge  it  very 
necessary  that  some  course  be  attended  for  y^  redress  of  the 
same,  and  haueing  long  waited  to  haue  y^  parties  at  difference 
com  to  some  ioynt  agreem^  amongst  themselues  vpon  a  way 
[118]  and  meanes  ||  of  hearing  and  healeing  the  said  differ- 
ences, and  not  concluded  of.  This  Courte  doth  therfore  desire 
the  2  Chs  of  Christ  at  Hartford  and  Windsor  to  send  2  or  3 
Messeng'"s  a  peice,  to  examine  and  search  into  y^  nature  of  the 
differences,  and  haueing  heard  what  may  be  said  by  both  parts, 
to  giue  such  counsel  and  advice  as  God  shall  direct  them  vnto 
by  the  light  of  Scripture  and  reason,  and  in  case  it  be  not  em- 
braced, that  then  y^  determination  of  ye  Messeng^s  may  be 
p'sented  vnto  y^  Court  y^  soe  it  may  be  duely  considered. 
And  the  whole  Church  belonging  to  Mr.  Russels  charge  lately 
of  Wethersfield,  is  to  be  acquainted  herewith,  yt  they  may  pre- 
pare y™selues  for  this  hearing.  It  is  further  desired  that  y^ 
Messeng'"^  may  be  p'sent  at  Wethersfield  ye  first  Tuesday  in 
Nobr  and  that  pi^vision  be  made  for  their  entertainm*  by  those 
yt  are  now  resideing  at  Wethersfield. 

A  list  of  the  Estate  of  the  several  Plantations  was  pi^sented 
and  is  as  foUoweth  :  £ 

Imps  The  Estate  and  p^sons  at  Hartford,       21128. 

of  Windsor,         .         15345. 

of  Wethersfield,  12103. 

Farmington,      .     .      05548. 

Sea  Brook,     .     .     .    05215. 

Middle  Town,       .      02543. 

Fairfield,  p^sons,    80.  10442. 

Stratford,  p^sons,  65.  08434. 
Mr.  Willis  and  Mr.  Allyn  are  desired  to  goe  down  and  to  as- 
sist in  keeping  Court  at  Fairfield,  on  Thursday,  the  20th  of  this 
instant.     Mr.  Campfield  is  desired  to  assist  them,  espetially  in 
the  busines  respecting  Mr.  Gould  and  Galpin. 

*  Lieut.  Hollisler.  See  page  330,  ante. 


OP     CONNECTICUT.  343 

This  Court  is  adiourned  to  y^  2^  Wednesday  in  No^""  next. 
The  estate  of  Norwalk  is  3829  £. 


[119]     Hartford.  Session  of  the  Gen^'  Court,  No^r  9,59. 

This  Court  doth  graunt  a  Rate  of  a  penny  ^  penny  p""  £.  to 
to  be  levied  vpon  ye  estate  of  y^  Collony. 

In  consideration  of  Gods  goodnes  to  this  Collony,  in  y^  fruit- 
ful and  seasonable  haruest,  the  general  restoration  of  health  to 
ye  Plantations,  and  the  success  of  y^  indeauours  of  y^  Reuer- 
end  Eldi's  of  y^  last  Councill,  for  y®  composeing  the  sad  differ- 
ences at  Hartford, — for  the  foregoinge  respects,  this  Court  doth 
see  cause  to  appoint  this  day  three  weeks,  being  the  last  of  this 
month,  as  a  publique  thanksgiueing  throwout  this  Collony. 

Jonathan  Gilbert  is  appoynted  to  require  the  payin^  of  that 
wch  Farmington  Indians  are  engaged  to  pay  to  this  Court, 
in  Octo^''  yearly,  the  first  payment  being  due  2  yeares  now 
past. 

Mr.  Willis,  Mr.  Talcot,  Mr.  Stone  and  Edward  Stebbing  are 
desired  by  the  Court  to  goe  downe  to  Middle  Towne,  to  inquire 
ye  nature  of  ye  troublesom  differenc  fallen  out  there,  and  to 
indeauour  a  composition  thereof,  but  if  they  cannot  issue  it,  the 
Comitte  is  desired  to  make  returne  to  ye  next  Session,  what 
they  shal  doe  in  ye  premisses. 

David  the  Jew,  for  his  misdemeanour  in  going  into  houses 
when  the  heads  of  ye  families  W  absent,  and  tradeing  p^vision 
from  children,  and  for  such  like  misdemean",  is  fined  205. 

This  Court  adiournes  to  ye  last  Thursday  in  Feb^ary  next. 


[120]     At  A  Session  of  the  GenII  Court,  Feb^  23,  59. 

Jo:  Winthrop  Esq^  Go: 

Magestrates  :*     Mr.  Willis,  Mr.  Phelps,  Mr.  Allyn,  Mr. 

Treat. 
Deputies  :     Mr.  Gaylard,  Capt.  Lord,  Danii  Clark,  Sec^ 

WiUm  Wadsworth,  Mr.  Robbins,  Mr.  Sam:  Wells,  Jo- 

*  The  pame  of  Deputy  Governor  Welles,  disappears  from  the  list  of  Magistrates.    He  died,  at 
Wethersfield,  Jan.  14th,  1659-60. 


344  PUBLIC      RECORDS 

seph  Migat,  Rich:  Butler,  John  Demant,  Edw:  Griswold, 
Samii  Boreman,  Josias  Hull,  Thom^  Judd,  John  Hart. 

Michael  Griswold  is  freed  by  this  Court  from  traineing  but 
he  is  to  maintein  watch  and  ward. 

John  Allyn  and  Jacob  Migat,  in  behalfe  of  the  Artillery,  pur- 
sueing  a  former  graunt  of  this  Court  of  300  Acres  of  land,  for 
incouragem^  to  y^  Artillery  successiuely,  doe  desire  that  this 
Court  would  be  pleased  to  grant  to  them  30  miles  Island,  w^h 
those  two  parcels  of  meadow  on  ye  East  side  of  the  Riuer,  the 
one  next  aboue,  the  other  next  below  the  Island,  in  case  the 
place  thereabouts  be  not  found  to  be  sutable  for  a  Plantation, 
.  or  be  not  p^'engaged  to  any  perticuler  person,  by  this  Court. 

This  Court  considering  the  low  estate  of  Will™  Clarke  his 
family,  doe  order  respecting  the  fine  imposed  on  him  for  trade- 
ing  Liquors  contrary  to  law,  that  he  shall  pay  to  y^  publique 
Treasurie  405.  p"^  yeare,  for  foure  yeares,  the  first  payment  to 
be  made  this  spring,  at  y^  demand  of  the  Treasurer. 

Daniell  Harris  is  approoued  for  an  Ordnary  keeper,  in  Middle 
Towne. 

To  pi'uent  future  trouble  respecting  Guards  appointed  by  a 
former  Order,  to  attend  the  publique  meetings  in  the  several 
Plantations,  This  Court  now  orders,  y*  it  shalbe  in  ye  power  of 
the  milletary  officers  belonging  to  each  Towne  yearely  to  cal 
out  and  appoint  soe  many  of  the  Traine  Band  as  the  order  of 
Court  requires  for  each  Plantation,  to  attend  that  seruice,  pro- 
vided yt  noe  person  is  to  be  compelled  to  attend  that  service  two 
yeares  together.     And  the  Sergeants  who  are  to  take  care  of 
the  said  guards,  are  ordered  and  required  to  exercise  due  care 
that  their  respective  companies  come    with  their  armes  wel 
fixed,  and  provided  with  powder  and  bullets  sutable  for  yt  ser- 
vice. 

[121]  This  Court  doth  order,  that  all  the  Podunk  Indians  shal 
peaceably  enioy  al  their  lands  at  Podunk  with  their  several! 
proprieties  as  formerly,  free  from  any  molestation  by  any  in  this 
CoUony,  according  to  j^  Coma's  orders  in  58  &  59,  hereby  fully 
ratify inge  and  confirmeing  their  acts  therein. 

Mr.  Willis,  Mr.  Tailcot,  Mr.  Allyn,  Cap*.  Lord,  William 
Wadsworth,  John  Allyn,  Ensign  Wilton,  John  Bissel,  are  ap- 
pointed a  Comittee  to  lay  out  and  devide  Podunk  lands  for- 


OF     CONNECTICUT.  345 

merly  possessed  by  those  Indians,  and  likewise  to  treat  w'^  y^ 
Indians,  that  what  land  there  may  be  that  is  not  or  may  not  be 
fit  for  their  planting,  they  may  be  willing  to  part  with  it  to 
those  English  that  have  contracted  with  Tantonimo.  And 
what  appeares  to  y^  Comittee  to  be  granted  and  allowed  by  the 
Indians  to  be  Tant^:  perticuler  propriety,  the  Court  is  willing 
to  allow  of  and  confirme  to  y^  English  according  to  their  bar- 
gaine,  vidz:  to  Thom^  Burnam  and  his  partners.  And  what 
winter  graine  is  sowed  on  the  land,  there  shalbe  liberty  and 
allowance  from  y^  Indians  to  reap  the  same  by  those  that  haue 
sowed  it.  The  Comittee  aboue  haue  full  power  giuen  them  by 
this  Court  to  make  a  ful  issue  about  the  p^misses  accordinge  to 
ye  order  abouementioned.  And  if  the  Indians  be  willing  to 
part  with  some  planting  land,  the  Comittee  may  lay  it  to  Tanto: 
part,  for  those  English  abouementioned.  And  to  make  returne 
to  ye  Court  what  they  doe  in  and  about  the  pi^misses. 

Whereas  there  hath  bin  complaint  made  and  p^'sented  by  y® 
inhabitants  of  Hartf^^,  Windsor  &  Wethersfield  in  referenc  to 
ye  bargain  made  w^^  Mr.  Fenwick,  This  Court  doth  order  that 
a  Comittee  be  chosen  to  treat  with  Cap*.  Cullick,  as  agent  to 
G.  Fenwick  Esq^,  about  the  differenc  that  hath  bin  and  yet  is 
in  referenc  to  ye  Agreem*  made  with  him.  Vnto  w^h  Com- 
ittee this  Court  doth  grant  full  power  to  bring  matters  in  con- 
trouersie  vnto  a  full  issue  by  composition  or  otherwise,  as  they 
shal  see  meet. 

[122]  The  Comittee  chosen  to  treat  with  and  pursue  to  effect 
the  order  of  the  Court  with  Cap*  Cullick,  are  The  Wor^i 
Gouerno''  Winthrop,  Mr.  Willis,  Mr.  Allyn,  the  Secretary  and 
W.  Wadsworth. 

Whereas  there  hath  bin  a  repealing  of  ye  former  restraint 
laid  vpon  ye  estates  of  Edw:  Hopkins  and  George  Fenwick 
Esq",  that  debts  due  to  ye  estate  might  be  taken  in,  Vpon  fur- 
ther consideration,  this  Court  orders,  that  ye  estates  aforesaid 
be  securd  within  this  CoUony  vntil  the  s^  estates  be  inventoried 
and  ye  Inventories  p^'sented  and  administration  granted  by  this 
Court. 

This  Court  adiournes  to  ye  2^  Wednesday  in  Aprill. 


346  PUBLIC      RECORDS 

[123]  A  Session  of  Gen:  Court,  AprII  11,  60. 

Jo:  Winthrop,  Esq"",  Go: 
Magestrats :  Mr.  Hen:  Clark,  Mr.  Willis,  Mr.  Allyn,  Mr. 

Phelps,  Mr.  Treat. 
Deputies :     Mr.  Gailard,  C:  Rich:  Lord,  Dan:  Clark,  Sec":, 
Willm  Wads  worth,  Mr.  Robbins,  Mr.  S.  Wells,  Joseph 
Migat,   Rich^  Butler,  John  Deminge,  Edw:  Griswold, 
Thorn:  Judd,  Jo:  Hart,  Samii  Boreman,  Sam^i  Stockin. 

A  L""  from  y^  Dutch  GouernC"  to  C  Wor^i  Gouerno''  was 
read,  as  also  o*"  Wor^i  Go:  returne  thervnto,  w^h  was  approued 
by  this  Court. 

This  Court  considering  the  necessity  of  altering  that  perticu- 
ler  in  y^  3'^  Law,  respecting  the  choice  of  a  Gouerno"",  vidz: 
That  noe  person  be  chosen  Gou""  aboue  once  in  two  yeares, 
haue  thought  meet  to  propound  it  to  y^  consideration  of  y^ 
freemen  of  this  Collony,  and  doe  order  the  Secretary  to  insert 
the  same  in  the  Warj^ts  for  ye  choice  of  Deputies,  and  request 
the  return  of  ye  remote  Planta^:  (yt  vse  to  send  Proxies,  at  y^ 
Election,  by  their  Deputies.  And  it  is  desired  that  their  proxies 
may  be  ordered  according  to  what  may  be  concluded  on  about 
ye  ordi"  forementioned. 

This  Court  appoints  Wm.  Wadsworth  and  Jo:  Deminge  Sen^, 
to  assist  Mr.  Jo:  Cotton  in  administration  to  y^  Estate  and  as 
ouerseers  of  the  last  will  of  Thoms  Wells  Esqf. 

This  Court  haueing  heard  the  returne  of  the  Comittee  for 
Podunk  lands ;  That  since  they  came  to  a  conclusion  respect- 
ing Thomas  Burnam  his  contract  with  Tantonomo,  It  appeares 
that  part  of  the  lands  laid  out  to  the  said  Burnam  and  his  co- 
partners doth  belong  to  Foxens  successors,  by  a  gift  from  Foxen 
to  his  allies:  This  Court  doth  therefore  order.  That  those  Po- 
dunk Indians  shal  enioy  and  possess  their  lands  according  to 
former  order.  And  that  those  English  men  that  contracted 
with  Tantonimo  shal  enioy  and  possess  according  to  their  bar- 
gaine  only  that  w^h  is  y^  particuler  proprietie  of  Tantonimo, 
that  the  Indians  doe  yield  or  that  Tanto:  can  proue  to  be  his 
propriety. 

Mr.  John  Allyn  and  Jonath:  Gilbert  are  to  bound  out  y^  said 
Tanton:  part  to  Tho^  Burnam  and  his  partn^^  and  this  shal 
stand  vntil  further  proof  appeare  about  Tantonimo  his  right. 


OF     CONNECTICUT.  347 

[124]  This  Court  haueing  heard  and  considered  the  Petition 
from  N.  London  doe  at  pi^sent  soe  far  accept  of  the  request  of 
the  petitioners  as  to  allow  of  Mr.  Tinker  for  an  Assistant  in  that 
Plantat°:  and  Mr.  Bruen,  James  Rogers,  L*  Smith  and  John 
Smith,  as  Comfs,  vntil  the  Election  Court  in  May  next ;  who 
with  ye  assistance  of  Maior  Mason  shal  haue  power  to  keep 
Court  according  to  y^  contents  of  y^  Petition,  in  matters  of  an 
inferiour  nature,  and  perticulerly  about  that  busines  respecting 
Waterhouse ;  and  the  ful  answer  of  y^  Petition  is  deferd  vntil 
ye  Court  of  Election. 

Willni  Duglas  is  chosen  Packer  for  N.  London,  for  a  ful 
yeare,  and  to  be  allowed  for  his  paines  herin  according  to  what 
is  allowed  in  y^  Massachusets  coUony,  and  whateuer  he  packs 
or  repacks  shal  pass  vndr  his  scale. 


[125]     A  Court  of  Election  held  at  Hartford,  May  17,  60, 
Magestrates  ElecV^. 
Jo:  Winthrop  Esq"",  Go: 
Maior  Jo:  Mason,  Dep  : 

Mr.  Henry   Clark,  Mr.  Willis,  Mr.  Phelps,  Mr.  AUyn, 
Mr.  Treat,  Mr.  Gould. 

Long  Island.     Cap*.  Tho:  Topping,  Mr.  Ogden,  Tho: 
Baker,  Rob*  Bond. 

Danii  Clark,  Sec^  John  Talcot,  Treas"". 

Deputies :     Wm.  Gaylard,  Wm.  Wadsworth,  Jo:  Talcot, 
Joseph  Migat,  Edw:   Griswold,  Jo:  Deming  Sen:,  Mr. 
Sam:  Wells,  Rich^d  Butler,  Josias  Hull,  Stephen  Hart, 
Antho:    Howkins,    Sam'i    Boreman,    Wm.    Gutridge, 
Mathew  Griswold,  Rob*  Chapman,  J  no.  Tinker,  Hugh 
Caulkin,  Math.   Campfield,    Samii   Hall,    Wm.    Cheny, 
Rob'    Warner,    Phillip   Groues,    Tho:    Fairchild,     Jo: 
Wheeler,  Cornel:  Hull. 
It  was  voted  by  the  freemen  thaty^  perticuler  in  ye  4*^^  Law, 
respecting  the  choice  of  the  Gouernc,  should  be  alfd,  and  that 
for  future  there  shalbe  liberty  of  a  free  choice  yearely,  either  of 
ye  same  person  or  another,  as  may  be  thought  meet,   without 
pi'iudice  to  ye  law  or  breach  thereoff. 


348  PUBLIC     RECORDS 

This  Court  doth  free  Michael  Try,  Richard  Vore,  Goodman 
Fossaker  and  Goodman  Stocking,  from  traineing,  watching  and 
wardeing. 

This  Court  doth  confirme  and  estabhsh  the  conclusion  of  y^ 
Comittee  in  reference  to  ye  Paquanack  Indians  and  the  Planta- 
tions of  Stratford  and  Fairefield. 

■     The  choice  of  y®  Com^s  for  this  CoUo:  for  the  yeare  ensueing, 
is  left  by  the  freemen  to  this  Court  to  issue  and  effect. 

The  Worfi  Gouernour  and  Dep:  Gouerno''  are  chosen  Comi's 
for  this  yeare  ensueing,  and  Mr.  Math:  AUyn  is  chosen  for  a 
reserue. 

Mr.  Mathew  Allyn  is  chosen  Moderator,  to  supply  the  place 
of  ye  Gouerno^  and  Dep:  in  case  of  their  occasional  absenc  from 
ye  Gen:  Court. 

The  Towne  of  Huntington,  on  Long  Island,  p^senting  their 
desires  to  be  accepted  ynd""  this  Gouerm*,  vpon  the  same  tearmes 
yt  Southampton  stands  w*^  vs,  and  likewise  to  be  freed  from 
publique  charges  for  ye  space  of  three  yeares,  this  Court  in  order 
to  ye  forementioned  request,  makes  this  returne ;  That  they 
accept  of  ye  proposition  of  ye  Towne  of  Huntington  soe  far  as 
may  be  consistent  with  ye  Articles  of  Confosderation  with  ye 
Vnited  Collonies,  and  therfore  doe  advise  the  Planta:  foremen- 
tioned to  address  vnto  ye  Com'^  at  yeir  meeting  at  N.  Hauen, 
to  vndi'stand  the  mind  of  the  Coma's  in  this  matter.  And  further, 
this  Court  expects  to  be  free  from  publique  expense  about  that 
Plantatn  for  ye  space  of  three  yeares  after  the  Confoederation, 
[126]  and  that  themselues  shal  beare  all  the  charges  ||  that  may 
be  contracted  by  any  occasion  wherin  this  Collo:  doth,  accord- 
ing to  Articles  agreed  on,  afford  them  assistance. 

Wm.  Palmer  Sen"",  is  freed  by  this  Court  from  watch:  ward: 
and  traineing. 

Vppon  ye  motion  of  Mr.  Josiah  Stanborough,  This  Court 
doth  declare  that  it  is  their  desire  that  ye  Magestrates  of  South- 
ampton and  Mr.  Barret  would  be  pleased  to  take  ye  children  of 
ye  wife  of  Mr.  Stanborough  and  the  estate  belonging  to  them, 
and  to  dispose  of  both  soe  as  may  be  conduceable  to  ye  p>"serva- 
tion  of  ye  estate  for  ye  legatees. 

This  Court  haueing  considered  the  petition  of  Goodman  Jack- 
son, doe  accept  of  his  request  and  are  willinge  to  allowe  thiis 


OF      CONNECTICUT.  349 

libertie,  that  provided  there  be  15/.  fine  paid  to  y^  pubHque 
treasury  by  the  transgressour,  then  the  formf  sentence  adiudg- 
ing  corporall  punishm*  vpon  y^  deUnq^  shalbe  revoked,  but  if 
this  fine  be  not  embraced  and  accepted  of,  then  the  corporall 
punishmt  is  speedily  to  be  inflicted,  according  to  y^  appointm* 
of  ye  Magestrates. 

It  is  ordered  by  this  Court,  that  neith""  Indian  nor  negar  serves 
shalbe  required  to  traine,  w^atch  or  ward,  in  this  Collo: 

In  consideration  of  much  inconvenience  that  appeares  to 
acrew  to  many  in  this  Collo:  by  virtue  of  former  orders  that  in 
^point  of  execution  haue  not  attayned  their  end  in  satisfying 
creditors  in  a  sutable  way,  according  to  ye  nature  of  contracts 
or  bargaines,  men  conveighing  away  the  kind  of  pay  that  many 
times  is  preingaged,  It  is  therfore  ordered,  that  it  shalbe  law- 
full  for  such  creditors  as  haue  debts  oweing  to  them  in  corne  or 
any  other  spetial  pay  (vpon  ye  refusal  of  pay  in  kind,  when  it  is 
due  and  demaunded,)  to  take  out  an  attachm^  and  lay  it  (if  it 
can  be  found  out)  vpon  such  estate  as  is  engaged  by  the  debf, 
or  other  estate  y*  may  be  found  such  as  ye  creditor  liketh,  pro- 
vided it  be  not  prohibited  by  law,  and  secure  the  said  estate  at- 
tached, to  a  triall  at  ye  next  Court  appointed  for  yt  end.  And 
whateuer  estate  thus  attached  vpon  a  trial  and  iudgm*  of  y® 
Court  comes  to  be  apprized,  the  said  Court  yt  issues  the  case 
[127]  shall  II  appoint  those  y*  shall  prize  the  estate,  the  valua- 
tion whereof  shalbe  regulated  accordinge  to  ye  worth  and  na- 
ture of  ye  pay  contracted  for. 

The  price  of  Sheep,  in  ye  list  of  Rates,  shal  for  future  be  valu- 
ed at  155.  p""  sheep,  vntil  the  Court  further  advise  on  it. 

This  Court  orders  that  ye  Grand  Jury  hereafter  mentioned 
shal  inquire  and  consid""  of  ye  misdeameanors  and  breaches  of 
the  orders  of  this  Collo:  in  ye  several  Townes,  and  make  p''sent- 
ment  thereof  at  ye  p^ticuler  Court  in  Octobr  next,  and  likewise 
at  ye  prticuler  Court  in  May,  (61.)  The  Grand  Jury  is  as  fol- 
loweth ;  For  Hartford,  Will'"  Wadsworth,  Richard  Butler ; 
Windsor,  Mr.  Henry  Woolcot,  Josias  Hull ;  Wethersfield,  John 
Deming,  Sam^i  Boreman ;  Farm:,  Anthony  Howkins  ;  JMiddle 
T:,  John  Hall;  Sea  Brook,  Rob'  Chapman  ;  N.  London,  John 
Smith  ;  Stratfi'd,  Goodm:  Groues ;  Fairfield,  Jehu  Burr  ;  Nor- 
walk,  Richard  Olmsted. 

31 


350  PUBLIC     RECORDS 

It  is  ordered,  that  al  defects  in  Armes  or  neglects  in  traine- 
ing,  watch,  etc.  shalbe  determined  by  any  one  Magestrate  or 
Assistant,  where  such  are  inhabiting ;  and  by  two  of  them  y^ 
order  the  prudentials  of  ye  Towne  where  is  neither  Magestrate 
nor  Assistant ;  and  that  those  who  determine  the  case  shall 
haue  power  to  issue  forth  order  to  ye  Clarke  of  ye  band  to  levy 
the  fine  imposed.  This  order  to  take  place  notw^^standing 
former  orders. 

This  Court  frees  the  Assistants  and  ye  Deputies  chosen  to 
attend  ye  severall  General  Courts,  while  they  stand  Deputies, 
from  traineing,  watching  and  wardeing.  a 

Its  ordered,  that  ye  Grand  Jury  men  shal  repaire  speedily  to 
some  Magestrate  or  Assistant  to  be  sworne  to  ye  seasonable 
and  effectual  execution  and  attendanc  on  their  worke. 

Its  ordered  by  this  Court,  that  noe  Towne  in  this  Collo:  shal 
suffer  any  Indians  to  dwel  w^Hn  a  quarter  of  a  mile  of  it,  nor 
shal  any  strange  Indians  be  entertained  in  any  Towne,  vpon 
penalty  of  40s.  a  month,  to  be  paid  to  ye  publique  treasurie  by 
each  Plantat»  which  shalbe  found  transgressours  herein.  This 
order  to  take  place  and  be  of  force,  in  ye  begin:  of  July  next. 
[128]  This  Court  doth  order,  that  noe  man  or  woman  within 
this  Coll:  who  hath  a  wife  or  husband  in  forraigne  parts,  shal 
Hue  here  aboue  two  years,  vpon  penalty  of  40s.  pr  month  vpon 
every  such  offendor ;  and  any  that  haue  bene  aboue  3  years 
already,  not  to  remaine  within  this  Coll:  aboue  one  yeare  longer, 
vpon  the  same  penalty,  except  they  haue  liberty  from  ye  Gen: 
Court. 

This  Court  obserueing  an  omission  or  neglect  of  a  former 
order  respecting  the  Inventorying  the  estates  of  Edw:  Hopkins 
and  Geo:  Fenwick  Esq'^'^  doe  now  further  order,  that  the  select 
men  of  every  towne  (where  any  estate  that  either  is,  or  hath 
bin,  since  the  decease  of  these  Gent:,  reputed  or  accord  part 
of  that  estate  y*  is  disposed  by  them  or  either  of  them,)  shal 
make  diligent  inquiry  in  their  respectiue  Plantations  to  find  out 
the  said  estates  according  to  a  true  value  and  to  inventorie  the 
said  estate  and  to  make  pi^sentment  thereof  at  ye  prticuler  Court 
in  Septbr  next.  And  all  and  every  person  in  each  Plantafi,  as 
before,  is  hereby  required  to  give  in  a  just  acco'  to  their  select 
men,  of  all  the  estate  that  either  is,  or  hath  bin  in  their  possession 


OF     CONNECTICUT.  351 

or  improuem'^  since  y^  decease  of  y^  aforesaid  Gent:.  And  who- 
euer  is  knowne  to  conceale  any  of  the  said  estates,  or  not  to  giue 
in  a  true  acco*  as  before  required,  or  if  any  select  men  doe  neg- 
lect to  attend  this  order,  he  or  they  shal  pay  vnto  y^  publ: 
Treasurie,  5/.  for  every  such  default. 

This  Court  orders,  that  if  any  Indians  shal  bring  in  Guns  into 
any  of  the  Townes  in  this  Coll:  It  shalbe  lawful  for  any  one  of 
ye  English  to  seize  on  their  guns,  and  to  keep  them  vntil  there 
be  105.  a  piece  brought  to  redeem  each  gun,  w<=h  shalbe  devided, 
one  half  to  y^  Treasurie,  the  other  half  to  y^  seazer. 

Mr.  Willis  and  Goodman  Migat  and  Anthony  Howkins  are 
desired  and  appointed  to  take  in  the  consideration  of  y^  loss  of 
Lt  Lewis  and  Francis  Browne,  and  according  as  they  iudge 
requisite  to  make  destribution  to  both  parties  of  that  w^h  ye 
Indians  haue  engaged  to  pay  yearly  to  make  vp  their  loss  by 
fire,  vntil  ye  whole  sum  be  paid  in  by  ye  Indians. 

There  is  liberty  graunted  that  Fairfield,  Stratford  and  Nor- 
[129]  walke  shal  gather  out  of  their  said  Townes  ||  a  small 
Troop  of  Horse,  with  two  meet  officers  added  to  exercise  them 
of  their  owne  choseing,  and  the  Troopers  to  be  such  as  are  ap- 
proued  by  Mr.  Gould  and  Mr.  Fairchild  and  Mr.  Campfield  and 
the  officers  to  be  app^ued  by  the  Generall  Court.  And  for  pro- 
portion they  are  to  take  seaven  out  of  Stratford,  7  out  of  Fair- 
field and  4  out  of  Norwalke. 

This  Court  orders  y'  none  shalbe  receaued  as  Inhabitant  into 
any  Towne  in  the  Collony  but  such  as  are  knowne  to  be  of  an 
honest  conversation,  and  accepted  by  a  maior  part  of  the 
Towne. 

It  is  alsoe  ordered,  that  noe  Inhabitant  shall  haue  power  to 
make  sale  of  his  accomodate  of  house  and  lands  vntil  he  haue 
first  propounded  the  sale  thereof  to  ye  Towne  where  it  is  situ- 
ate, and  they  refuse  to  accept  of  ye  sale  tendred. 

This  Court  confirmes  Rob*  Chapman  for  an  Assistant  at  Sea 
Brooke. 

This  Court,  for  many  good  considerations,  doe  see  cause  to 
allow  o""  Worfi  (Jouerno''  80/.  for  this  yeare  ensueing. 

This  Court  doth  confirme  and  establish  ye  Act  of  the  Comit- 
tee  at  Stratford  about  Arthur  Bostocks  estate. 

This  Court  haueing  intelligence  yt  Jasper  Clemens  being  in 


352  PUBLIC     RECORDS 

a  probable  way  to  enter  into  the  estate  of  marriage,  and  con- 
fessing that  he  had  a  wife  in  England,  and  noth:  doth  appeare 
to  evidenc  that  she  is  dead,  It  is  therfore  ordered,  that  the  said 
Jasper  and  Ellin  Browne  shalbe  forthwith  seperated,  vntil  such 
evidence  be  procured  that  may  clearly  demonstrate  that  the 
couen*  of  marriage  be  dissolued  twixt  y^  said  Clemens  and  his 
former  wife.  And  the  Townsmen  of  MiddleTowne  are  re- 
quired to  put  this  order  forthwith  in  execution. 

This  Court  doth  desire  and  appoint  Mr.  Gould,  Mr.  Camp- 
field  and  Mr.  Hill  and  Mr.  Knowles,  to  issue  the  busines  at 
Stratford,  and  alsoe  respect:  Goodman  Rescues  horse,  y*  he 
sold. 

In  reference  to  the  appeale  of  Mr.  Varleet,  this  Court  doth 
[130]  order  that  Mr.  Wells  shal  returne  1|  to  Mr.  Varleet  the 
one  halfe  of  what  he  hath  receaued,  by  virtue  of  execution,  from 
Mr.  Varleet.  Its  ordered  that  Mr.  Varleet  shal  pay  40s.  to  y*' 
Treasurie  towards  this  Courts  charges  on  the  Triall.  Execu- 
tion dTd  the  29  June,  '60. , 

In  answer  to  ye  Petition  from  N.  London,  this  Court  haueing 
considered  the  perticulers  in  it,  doe  order  for  ye  p^sent,  that 
there  should  be  an  Assistant  and  3  Com^s  in  that  Towne,  who 
shal  haue  ful  power  to  issue  small  causes,  and  ye  punishing  smal 
crimes  and  offences  according  to  law,  provided  the  cases  of 
debts  and  fines  doe  not  amount  the  sum  of  21.  And  the  Assist- 
ants peculiar  power  is  noe  waies  hereby  infringed. 

It  is  further  granted  thaty^  Dep:  Gouernof  &  Math:  Griswold 
shal  lend  vnto  N.  London  two  great  Guns,  from  SeaBrooke, 
w*^  shot  such  as  yy  judge  may  be  convenient  to  be  let  goe  from 
thence.  And  if  they  iudge  that  N.  London  be  capable  to  secure 
themselues  and  the  Guns  by  being  thus  furnished,  they  are 
impowred  to  lend  the  Guns  vntil  the  Court  see  cause  to  recall 
them. 

Mr.  John  Tinker  is  chosen  Assistant  for  N.  London,  and  for 
Coma's,  Mr.  Bruen,  James  Rogers,  John  Smith,  for  y®  yeare 
ensueing. 

Stebbins,  the  Constable  of  N.  London,  hath  liberty  of  re- 
veiwing  his  action  yt  G:  Tong  commenct  ag^t  him,  at  y^  next 
Court  held  at  N,  London,  and  y^  Wors^i  Deputy  is  desired  to 


OF     CONNECTICUT.  353 

assist  in  keeping  a  Court  for  yt  end  at  N.  Lond:  and  for  other 
occasions  as  may  pf'sent  themselues. 

This  Court  doth  appoint  Mr.  Gould,  Mr.  Hill,  Mr.  Knowles, 
to  hear  and  determine  y^  difference  twixt  Norwalk  Inhabit^s 
and  ye  Indians  there. 

This  Court  doth  order,  that  noe  person  in  Hartford,  except 
Jer:  Adams,  shal  sell  wine  vudr  a  quarf  cask,  nor  liquors  ynd"" 
an  Ankor. 

Robt  Lay  is  desired  to  take  care  of  any  of  the  estate  of  Mr. 
Fenwicks  y*  is  subiect  to  loss  or  damadge,  and  to  improue  it, 
and  be  ready  to  render  account  of  the  same,  when  cald 
thervnto. 

This  Court  haueing  heard  some  orders  p^sented  by  Sea 
Brook  Deputies  respect:  their  Townes,  doe  approue  of  them  in 
reference  to  yt  Towne,  and  doe  grant  liberty  of  a  summons  to 
fetch  vp  several  to  y^  Court  y'  haue  transgressed  those  ord^s. 
[1«S1]  This  Court,  in  consideration  of  the  several  affronts  of 
the  Indians,  and  hostile  attempts  and  abuses  offred  to  c  English 
subiects,  doe  order,  that  the  Secretary,  in  y"  name  of  the  Court, 
shall  write  to  y®  Com''^  of  the  severall  Coll:  to  craue  their  ad- 
vice, whether  it  may  not  concur  with  their  good  likeing  that 
we  send  forth  not  only  to  inquire  after  those  Indians,  but  haue- 
ing intelligence  who  they  are,  to  improue  some  prudent  meanes 
and  effectual,  speedily  to  fetch  in  such  Indians  to  receaue  con- 
dign punishmS  and  to  intreat  a  returne  to  o^"  Worshipfull  Gou- 
erno"",  to  y®  p''misses.* 

Mr.  Bray  Rosseter  for  and  in  consideration  of  his  paines,  in 
comeing  to  and  attending  Mr.  Talcot  in  his  sicknes,  is  allowed 
fiue  pounds,  to  be  paid  out  of  y^  pub:  Treasury. 


Session  of  y^  Gen:  Court.     Octo:  4  :  1660.     Hartford. 
Jo:  Winthrop  Esq*"",  Go: 
Magestrates:     Mr.   Willis,  Mr.   Clark,  Mr.  Allyn,  Mr. 

Phelps,  Mr.  Treat.     Secfy,  Dani':  Clark. 
Dep:    Capt  Rich:  Lord,  Mr.  Gailard,  Capt,  Tailcot,  Mr. 
Henry  Woolcot,  Wm.  Wadsworth,  Joseph  Migat,  Edw: 

*  See  Appendix,  No.  VIII. 

31* 


354  PUBLIC     RECORDS 

Griswold,  John  Deming,  Sam:  Boreman,  Wm.  Gutridge, 

Jo:  Kilburne,  Rob*  Chapman,  Antho:  Howkins,  Phillip 

Groues,  Sam:  Sherman,  Cornelius  Hull,  Jehu  Burr,  Jo: 

Tinker,  James  Avery,    Rich:  Olmstead,  Sam^i  Hales, 

Robert  Warner,  William  Cheny. 

This  Court  vnderstanding  the  great  abuse  of  y*  liberty  y*^ 

hath  bin  allowed  of  selling  Cider  to  y^   Indians,  by  virtue  of 

former  order.  Doe  now  order  the  repealing  of  y*  order  any  way 

tollerating  that  trade,  and  doe  further  decree,  that  what  p^son 

soeuer  in  this  Collony  shal  hereafter  sel,  barter  or  giue  any 

Cider  to  Indian  or  Indians,  he  or  she  shal  forfeit  vnto  y^  Pub: 

Treasury,  twenty  shillings  p"^  pinte,  and  p«"portionably  for  other 

quantities,  a  third  part  whereof  shalbe  to  him  y*  discouers  y« 

offence. 

Severall  members  of  this  Collony  p^senting  their  desires  vnto 
this  Court  of  setling  a  Plantation  at  30  Miles  Island,  in  consid- 
eration thereof,  this  Court  doe  order  a  Comittee  to  veiw  the 
place,  and  to  dispose  of  it  as  may  be  most  sutable  for  to  atteine 
the  end  and  purpose  abouesaid. 

The  names  of  y^  Committee :  For  Hartford,  Mr.  WiUis, 
William  Wadsworth  ;  Windsor,  Mr.  Allyn,  Edw:  Griswold ; 
Wethersfield,  Mr.  Treat  Sen"",  Sam^^  Boreman ;  Farmingto, 
John  Hart. 

What  right  appeares  that  y^  Indians  haue  there,  it  is  left  to 
ye  Comittee  to  ord""  y^  purchase  thereof 

Eltweed  Pomrey  hath  engaged  in  Court  to  rest  satisfied  with 
what  consideration  y^  Court  shall  allow  him,  in  reference  to 
his  mare  y*  was  kild. 

[132]  This  Court,  haueing  heard  and  considered  the  case  de- 
pending twixt  Willm  Parker  and  W™  Waller,  about  Wallers 
deteineing  a  mare  and  her  increase,  doe  declare  this  as  their 
sentence,  that  each  party  shal  beare  their  own  charges  about 
this  case;  and  this  to  be  a  finall  issue  o^  that  matter.  And  do© 
further  order-the  Secretary  to  send  downe  summons  to  Reynold 
Marvin  Sen^  to  appear  at  the  Perticuler  Court  in  March  next, 
to  answer  both  for  loosing  the  mare  into  ye  woods,  and  likewise 
for  disposeing  of  any  of  those  horses  w^i  ye  Court  had  ordered 
to  be  marked  for  ye  Countrey,  and  likewise  to  prohibit  him  for 
medling  any  more  with  those  horses. 


OP     CONNECTICUT.  ~  355 

This  Court  haueing  ynd^stood  that  there  is  an  estate  lying  in 
N.  London,  the  owner  or  agent  whereof  is  lately  drowned,  doe 
order  the  Secretary  to  send  downe  order  to  Mr.  John  Tinker 
and  James  Rogers  to  inventory  the  said  goods,  and  to  secure  y^ 
estate,  and  in  case  any  of  it  be  of  a  pi'ishing  nature,  they  are 
desired  to  improue  it  to  y^  best  advantage,  vntil  the  Principals 
order  appear  for  further  dispose  of  the  said  goods,  and  to  be  ac- 
countable for  ye  same  when  called  therevnto  by  authority. 

In  answer  to  Norwalk  Petition,  This  Court  orders,  that  y^  in- 
habitants there  shal  attend  y^  Law  provided  as  a  rule  of  Rate- 
ing  for  ye  future. 

It  is  ordered,  that  the  Magestrates,  at  al  times,  and  y^  Depu- 
ties, when  yy  are  vpon  pub:  imployment,  themselues  and  their 
horses,  shalbe  ferry-free,  in  all  places  within  this  Colony. 

This  Court  orders,  that  it  shal  not  be  lawful  for  any  in  this 
CoUony  to  take  away  by  force  or  otherwise,  without  y^  owners 
consent,  vnd""  p^tenc  of  debt,  y^  corne  or  other  estate  from  any 
Indian,  vnles  it  be  by  virtue  of  order  from  lawful  authority. 

Whereas  Quince  Smith  complaines  of  Vncas,  that  he  refuseth 
to  pay  a  fine  imposed  on  him  by  y^  Comi's  Court  at  N.  London, 
This  Court  orders,  that  ye  said  fine  be  required  and  recovered 
of  Vncas,  according  to  law  in  such  cases.  And  Mr.  Tinker  is 
desired  to  haue  address  to  ye  Worii  Deputy  Gou^  that  by  order 
from  him  some  course  may  be  taken  by  him  in  the  busines. 
Wauwequa  being  in  Court,  promised  to  attend  Mr.  Tinkers 
pleasure  in  ye  p^misses. 

This  Court  haueing  considered  the  petition  of  Mr.  Tho: 
Wells,  respecting  Varleet,  in  answer  thervnto,  and  in  explica- 
[133]  tion  of  a  former  act,  past  about  y*  case,  ||  doe  order. 
That  Mr.  Varleet  shalbe  repaid  by  Mr.  Thom^  Wells  only  the 
ouerplus  that  by  execution  was  taken  from  Varleet,  aboue  wom- 
pom  at  six  pi"  penny,  w^h  amounts  to  4/.  06s.  08c? ;  and  Mr.  Var- 
leet is  freed  from  paying  the  40s.  to  ye  Treasurer,  weh  was  im- 
posed on  him  by  former  act  of  ye  Court. 

The  Nanogansets  are  allowed  two  months  longer  then  ye 
time  agreed  on,  according  to  their  desires,  to  bring  in  ye  Worn- 
pom  that  yy  are  assess^^  by  ye  Com^s  to  pay  to  this  Jurisdiction. 
This  order  repeal'\  the  31  Octo.  '60. 
This  Court  haueing  formerly  accepted  and  manifested  their 


356  PUBLIC      RECORDS 

acceptance  of  the  access  of  Jonathan  Gilbert,  respecting  the 
sequestration  and  execution  served  on  Goodhearts  estate,  doe 
not  see  cause  to  alter  y^  said  act.  This  to  be  a  final  issue  of 
that  matter. 

The  Magestrates  are  desired  to  heare  and  determine  the  case 
of  Thorns  Greenhils  Will,  and  to  settle  a  way  for  payment  of 
debts. 

Mr.  Treat,  Mr.  Tho.  Wells  and  Sam"  Wels  and  John  Ches- 
ter are  appointed  to  administer  vnto  y^  estate  of  Mr.  Robins,  and 
to  take  care  to  pi'serue  it  for  y^  Relicts. 

Its  ordered  by  ye  Court  respecting  Mr.  Stow  of  MiddleTown, 
there  appeareing  such  vnsutablenes  in  their  spirits,  that  Middle- 
Town  shal  haue  free  liberty  to  provide  for  themselues  another 
able,  orthodox  and  pious  minister,  as  soon  as  they  can,  who  is 
to  be  approoued  by  Mr.  Warham,  Mr.  Stone,  Mr.  Whiting, 
takeing  in  ye  help  of  ye  Wor^  Gourn""  and  Mr.  Willis,  w^h 
being  done,  Mr.  Stow  is  to  lay  downe  his  preaching  there. 
The  said  Towne  glueing  Mr.  Stow  Testimoniall  L"^^  such  as 
the  Gent:  forenamed  iudge  fit.  In  ye  meane  time  the  Towne 
to  allow  Mr.  Stow  his  vsual  stipend,  he  continueing  the  exercise 
of  his  ministrey,  as  formerly. 

It  is  ordered  that  if  any  in  this  Collony  shall  giue,  sell  or  ex- 
chang  any  horse,  mare  or  colt,  thereby  to  conveigh  them  out 
of  this  Jurisdict^i,  vnles  he  first  enter  the  marks  both  naturall 
and  artificiall,  as  also  the  colour  and  age  of  ye  beast,  with  ye 
Recorder  of  ye  Towne  where  ye  beast  was  taken  vp  out  of  ye 
Comons  or  kept,  he  shal  forfeit  Twenty  pounds  to  ye  Pub: 
Treasury,  and  ye  Recorder  is  allowed  to  take  sixpence  for 
euery  such  record  or  entrey. 

The  Magestrates  haueing  considered  the  case  of  John  Bissel, 
about  tradeing  liquors  to  ye  Indians,  doe  adiudge  him  to  pay 
(for  breaking  the  Law  of  this  Como  wealth)  40/.;  the  w<=h  he  is 
to  pay  in  two  yeares  time,  in  currant  countrey  pay  to  ye  Pub: 
Treasury. 

Stephen  Taylor  is  allowed  205.  for  his  trouble  and  expence 
of  time  about  John  Bissels  case,  to  be  paid  him  out  of  ye 
Treasury. 

It  is  ordered,  yt  Wednesday,  the  24'^  of  this  instant,  be  kept 


OF     CONNECTICUT.  357 

a  Publique  Thanksgiueing  to  God,  for  his  mercy,  in  our  Peace, 
Plenty,  Health  and  Liberties  y*  we  enioy. 
[134]  It  is  ordered,  that  y^  Ferrey  at  Niantecut  shal  from 
henceforth  belong  to  y®  Farme  of  c  Hon^d  Gouernor  Jn"  Win- 
throp  Esqf,  and,  as  he  shal  order,  to  his  Assignes,  his  Tenants 
attending  the  said  Ferrey  at  all  times  as  is  necessary,  for  a  reas- 
onable and  iust  recompenc.  Magestrates  and  y^  Deputies  of 
y«  Court,  ferrey-free,  according  to  order. 

It  is  ordered,  y*  the  Comittee  formerly  chosen  to  treat  with 
Capt  Cullick,  now  haueing  ripened  their  treaty  to  an  issue,  are 
impowered  by  this  Court  to  prfect  writings,  and  what  is  requi- 
site to  be  confirmed  and  signed  by  y"  Court,  the  Worship^i 
Gouerno''  is  authorized  to  act  in  ye  name  of  the  Court,  and  to 
fixe  ye  scale  of  y^  Collony  thervnto  and  to  deliver  the  writings 
to  Cap'  Cullick,  and  to  receaue  in  behalf  of  y^  Court  those  wri- 
tings yt  Capt  John  Cullick  is  to  deliver  vnto  this  Court.* 

The  restraint  formerly  laid  on  ye  estate  of  George  Fenwick 
Esq""  is  now  taken  of,  and  free  possession  and  povi^er  of  admin- 
istration granted  vnto  Cap'  Jn^  Cullick  to  ye  said  estate,  in 
behalf  of  ye  Legatees. 

The  List  of  ye  Estates  p^sented  to  this  Court  are, — 
Windsor  Estate  and  p^sons,  16274.00     SeaBrook,       05724.00 
Hartford,  19512.10     Farmington,  06109.00 

Wethersfield,  12399.00     Stratford,        08110.00 

Middle  Town,  02398.00     Norwalk,        03587.00 

The  Plantats  of  Stratford,  Fairfield  and  Norwalk,  haueing 
failed  in  transmitting  ye  List  of  ye  Estates  of  their  Townes  ac- 
cording to  order,  This  Court  orders  the  Treasurer  to  pursue 
the  said  order,  and  to  summon  ye  prsons  delinquent  to  ye  Quar- 
ter Court  in  March  next,  to  answer  for  their  transgression 
herin. 

Mr.  Willis  and  Capt  Lord  are  appointed  to  audit  ye  Treasur- 
ers accot  for  ye  year  past. 

The  Treasurer  and  William  Wadsworth  are  appointed  to 
take  in  Jeremiah  Addams  his  acco'. 

This  Court  grants  a  Rate  of  a  penny  p""  £.  to  be  levied  vpon 
ye  estate  of  ye  Collony  for  ye  yeare  past. 

•  These  '  writings'  for  a  final  adjustment  of  accounts  between  the  Colony  and  Capt.  Cullick, 
are  recorded  on  pages  327-329,  ante. 


358  PUBLIC     RECORDS 

This  Court  allowes  libertie  to  ye  Treasurer  to  send  forth  war- 
rants to  ye  seaside  Plantat^:  to  gather  their  Rates,  in  such  sea- 
son as  may  p^vent  that  inconvenience  y*  vsually  falls  out  in 
failing  of  their  payment. 

To  prvent  future  inconvenience  and  vnnecessary  trouble  yt 
may  ensue  by  vnwritten  grants,  bargaines,  sales  or  morgages, 
It  is  ordered  by  this  Court,  that  from  hencforth  all  grants,  bar- 
gaines, sales  or  morgages  of  hous  and  lands,  shalbe  in  writing 
and  subscribed  by  the  granter  with  his  owne  hand  or  mark, 
[135]  vnto  w^h  mark  his  name  shalbe  annexed,  and  also  sub- 
scribed by  two  witnesses  at  least,  w^h  their  owne  hands  or 
markes,  vnto  W^^  marks  their  names  shal  be  annexed,  &  that 
noe  grant,  sale,  bargain  or  morgage  shalbe  of  value  but  such  as 
written  and  subscribed,  as  abouesaid.  It  is  also  ordered,  that 
the  said  writing  shalbe  recorded,  according  to  former  order. 
And  whereas,  by  former  order  there  is  libertie  granted  for  one 
Magestrate  to  commit  to  prison  w^hout  baile.  That  clause  is 
hereby  repealed.  And  caution  giuen  in  to  y^  Recorder  shal 
secure  the  intrest  of  y^  Grantee,  vntil  a  legall  triall  hath  passed 
to  a  finall  issue ;  vpon  w^h  issue  according  to  law,  the  judgm* 
of  the  Court  being  delivered  vnto  y^  Recorder,  vudc^  the  Sec- 
retaries hand,  shalbe  his  Warr*  to  record  such  grant,  bargaine, 
sale  &c,  tho  ye  Granter  refuse  to  acknowledge  the  same. 

It  is  also  ordered,  that  a  lawful  record  of  any  grant,  bargaine, 
sale  or  morgage,  either  in  y^  Countrey  Book,  or  in  y^  Towne 
Records  where  y^  House  and  Land  lieth,  shalbe  of  equal  value 
w^h  a  written  deed  of  any  grant :  Provided  the  record  (if  noe 
other  written  deed  be  made  as  abouesaid,)  be  testified  and  sub- 
scribed by  one  witnes  at  least  beside  y^  Recorder. 


Hartford.     Session  Gen^.     March  14.  '60. 

Jo:  Winthrop  Esq^  Go: 

Jo:  Mason  Esq"",  Dep: 

Magestrates:     Mr.   Clark,    Mr.   Willis,   Mr.  Allyn,   Mr. 

Treat.     Sec^:  Dan"  Clarke. 
Dep  :   C.  Rich:  Lord,  C.  Jo:  Talcot,  Mr.  Gailard,  Mr.  Hen: 

Woolcot,  Wm.  Wadsworth,  Jos:  Migat,  Edw:  Griswold, 


OF     CONNECTICUT.  359 

Jo:  Deming,  Sam:  Boreman,  Wm.  Gutndge,  Jo:  Kilburn, 
Antho:  Howkins,  Jo:  Tinker,  Robert  Warner,  Wm. 
Cheny. 

M".  Wm.  Thomson,  Jo:  Cotton  and  James  Rogers  were 
made  free  at  this  Court. 

This  Court  orders,  that  ye  Heires  of  Mr.  Wells,  of  Wethers- 
field,  shal  set  that  part  of  y^  houseing  that  Mrs.  Wells  is  to 
enioy  for  her  life  time,  in  p^sent  repaire  ;  and  Mrs.  Wells  is  to 
keep  it  and  to  returne  it  in  like  repaire. 

It  is  ordered  by  this  Court,  that  L*^  Hollister,  Mr.  Chester, 
w^h  their  fellow  Townesmen,  shal  w^^n  one  weeks  time  after 
the  receipt  of  this  ord'',  pi'fect  the  gathering  the  Rate  for  Tho: 
Lord,  by  destreint  or  otherwise  together  w^^  ye  Court  charges 
respecting  the  action  of  Tho:  Lord  contra  L*  Hollister,  and 
for  two  executions,  w^h  is  thirteen  shillings  six  pence.  And  in 
case  of  neglect  of  this  order,  the  Secretary  is  to  send  out  ex- 
ecution vpon  ye  parties  cast  in  law  at  ye  p^ticuler  Court. 

The  Jurisdiction  Power  ouer  that  Land  yt  Vncus  and  Waw- 
equa  haue  made  ouer  to  Major  Mason  is  by  him  surrendered  to 
this  Colony.  Neuertheles  for  ye  laying  out  of  those  lands  to 
Farmes  or  Plantations  the  Court  doth  leaue  it  in  ye  hands  of 
Major  Mason.  It  is  also  ordered  and  provided  \\^^  ye  consent 
of  Maior  Mason,  That  Vncus  &  Wawequa  and  their  Indians 
[136]  and  successors  ||  shalbe  supplied  w^'»  sufficient  planting 
ground  at  all  times  as  ye  Court  sees  cause  out  of  y^  Land.  And 
ye  Maior  doth  reserue  for  himself  a  competency  of  Land  suffi- 
cient to  make  a  Farme.* 

In  answer  to  Mr.  Tinkers  Petition,  it  is  desired  that  Maior 
Mason,  Goodman  Morgan  and  Vncus  or  Wawequa,  or  some 
Indian  appoined  by  them,  wil  veiw  the  tract  of  land  y'  Mr. 
Tinker  desires,  or  some  other  meet  for  him,  not  p^uiditial  to 
others,'  and  to  make  report  thereof  to  ye  Court. 

In  referenc  to  Mr.  Rosseters  desire  respecting  Land  vpon 
Stratford  Riuer,  at  Paugusset,  the  Court  approues  of  his  pur- 
chase, accepts  it  vnd^  this  GouernmS  and  allowes  liberty  to 
purchase  one  hundred  acres  more. 

It  is  ordered,  y*  Mr.   Tinker,  James  Rogers  and  Mathew 

*The  informal  nature  of  this  surrender  to  the  Colony  of  the  right  which  Major  Mason  (as 
their  agent,)  had  acquired  in  the  Mohegan  lands,  gave  rise  to  the  celebrated  "  Mason  case," 
which  (for  nearly  seventy  years,)  occasioned  much  trouble  and  expense  to  the  Colony. 


360  PUBLIC     RECORDS 

Griswold  shal  examine  Stebbins  acco*^  of  N.  London,  and  re- 
turne  their  appi'hensions  about  it  to  y<^  next  Session. 

Jeremiah  Adams  did  resigne  all  the  power  of  disposeing  y^ 
estate  (left  by  Thomas  Greenhill  to  Goodwife  Adams)  into  his 
wiues  hands  to  be  wholly  at  her  dispose. 

It  is  ordered  that  in  case  any  Trooper  die  or  remove,  where- 
by his  place  remaines  vacant,  it  is  left  to  y®  Comission  officers 
of  ye  Troop  to  accept  of  such  as  may  be  suteable  to  fill  vp  the 
number  that  y^  Court  allowes ;  and  such  as  the  officers  admit, 
to  stand  firme,  vnles  y^  Court,  either  Gen:  or  P^ticuler,  put  a 
stop  to  those  Troop^'s. 

John  Tinker  hath  licence  to  retayle  liquors  'distilled  by  him, 
vntil  Octob"",  1662,  and  to  indeauour  to  suppress  others  that 
shal  sell  by  retaile  in  ye  Towne. 

In  ye  appeale  of  Robert  Reeues  in  ye  case  twixt  him  as  p* 
contr  John  White,  this  Court  finds  for  ye  Defendant. 

In  ye  case  twixt  him  as  p*  contr  Wm.  Clark,  this  Court  find 
for  ye  Defendant,  and  if  there  be  any  land  besides  the  homelot 
that  is  expresly  bought,  such  land  doth  apperteine  to  John  Skin- 
ners estate. 

[137]  It  is  ordered  by  this  Court  it  shalbe  in  the  power  of  the 
Treasurer,  at  al  times,  as  cause  requires,  to  issue  forth  his  war- 
rant vnto  the  Constables  in  ye  respectiue  Plantations  where 
any  Comissioner  or  select  men  shal  faile  in  p^fectingand  trans- 
mitting the  list  of  Estates  according  to  order,  to  destreine  and 
leuy  the  forfeiture  required  in  ye  said  order  provided  in  this 
case. 

This  Court  doth  impose  the  fine  of  205.  vpon  the  Town  of 
Norwalk,  for  y^  neglect  in  transmitting  their  list  according  to 
order  at  October  Court  last. 

Receaued  by  me  John  Shepherd,  of  my  loving  Vnkel  Greg- 
ory Winterton,  Thirty  four  pounds,  w^h  he  receaued  of  my 
Bro:  Thomas  Greenhill  for  lands  I  sold  him,  for  w^^  I  made  my 
Vnkel  a  letter  of  Attourney,  I  say  receaued  by  me, 

Augs*^  4:   1654.  John  Shepherd. 

Transcribed  out  of  ye  originall. 

In  answer  to  Simon  Lobdels  Petition  ; 

1.  This  Court  admits  not  a  further  hearing  of  ye  case. 


OF     CONNECTICUT.  361 

2.  Its  ordered  that  ye  spatial  verdict  drawen  vp  by  the  P^tic- 
uler  Court,  respecting  Simons  case  ag^t  Jared  and  Hannah 
Spencer,  shal  stand  firme  to  issue  that  busines. 

3.  In  referenc  to  y^  just  expences  mentioned  in  y^  verdict. 
Its  ordered  that  Jared  Spencer  shal  pay  vnto  Simon  Lobdell, 
Fiue  pounds,  besides  the  Ten  pounds  mentioned  in  ye  verdict. 
All  w^h  sum  of  fifteen  pounds  shalbe  paid  in  wheat  and  pease 
or  other  estate  equivalent :  Fiue  pounds  to  be  paid  by  the  10*^ 
of  Aprill,  the  other  Ten  pounds  according  as  is  specified  in  y^ 
spetial  verdict.     And  this  is  to  be  a  final  issue. 

Jeremiah  Adams  acknowledging  himself  indebted  vnto  y« 
estate  of  Mr.  Hopkins  the  sum  of  Twenty  pounds  wherin  Mrs. 
Vrsilla  Gibdons  stands  bound  w'^  h{fji  for  ye  payment  thereof 
this  Court  doth  free  the  said  Vrsula  from  her  bond,  and  doth 
sequester  the  said  estate  in  Jer:  his  hand,  til  further  order  pro- 
ceed for  ye  paym*  thereof. 

This  Court  haueing  heard  and  considered  the  differenc  twixt 
ye  Towne  of  Middle  Town  and  Mr.  Stow,  and  their  allegations 
[138]  and  answers,  ||  doe  judg  and  determine,  that  ye  people  of 
Middle  Town  are  free  from  Mr.  Stow  as  their  engaged  minis- 
ter. 2]y.  That  the  people  of  Middle  Town  shal  giue  to  Mr. 
Stow  L^s  Testimonial,  according  as  was  drawen  vp,  and  pi'sent- 
ed  by  the  Worshipfull  Gouernc  in  ye  Court.  And  Mr.  Stow 
is  not  infringed  of  his  liberty  to  preach  in  Middle  Town  to 
such  as  will  attend  him,  vntil  there  be  a  setled  ministrey  there. 

In  reference  to  former  intentions  and  motions  w^h  could  not 
be  brought  to  a  ful  conclusion  for  ye  manner  and  meanes  to 
accomplish  the  same,  til  this  meeting  of  ye  Generall  Court,  It 
is  concluded  and  declared  by  this  Court,  That  (as  it  was  form- 
erly agreed  by  those  Magestrates  and  Deputies  that  then  could 
be  assembled  together,)  it  is  our  duty  and  very  necessary  to 
make  a  speedy  address  to  his  Sacred  Maiesty,  our  Soveraigne 
Lord  Charles  the  Second,  King  of  England,  Scotland,  France 
and  Ireland,  to  acknowledge  our  loyalty  &  allegiance  to  his 
highnes,  hereby  declareing  and  professing  ourselues,  all  the  In- 
habitants of  this  Colony,  to  be  his  Highnes  loyall  and  faythfull 
subjects.  And  doe  further  conclude  it  necessary  that  we  should 
humbly  petition  his  Maiesty  for  grace  and  fauour,  and  for  ye 
continuance  and  confirmation  of  such  privilidges  and  liberties 

32 


362  PUBLIC     RECORDS 

as  are  necessary  for  the  comfortable  and  peaceable  settlement 
of  this  Colony. 

It  is  ordered,  that  the  Fine  hundred  pounds  that  Cap'  John 
Cullick  is  to  pay  to  ye  Countrey,  shalbe  kept  and  improued  in 
pursueance  of  our  Address  to  his  Highnes  our  Soveraigne 
Lord  Charles  etc. 

Mr.  Willis,  Mr.  AUyn,  &  Willm  Wadsworth  are  appointed  as 
a  Comittee  to  meet  with  Cap'  Cullick  when  he  comes  vp,  to  re- 
ceaue  in  such  bills  as  he  is  to  assigne  to  the  Countreys  vse. 

This  Court  haueing  heard  the  case  respecting  Jeremie  and 
John  Adams  and  Edward  Stebbing,  respecting  the  sale  of  y^ 
Homelot  of  Thomas  Greenhill,  at  Hartford,  doe  sentence  and 
conclude,  that  ye  said  sale  of  y*  lot  ly  Edward  Stebbing  to  Mr. 
[139j  Goodwin  is  a  legal  sale  :  the  sale  being  ||  acknowledg- 
ed by  Edward  Stebbin  in  open  Court. 

In  answer  to  ye  close  of  ye  Petition  respecting  Hoccanum 
lands,  it  is  ordered,  that  all  ye  proprietors  of  ye  wast  land  shal 
appoint  a  time  to  lay  out  ye  lots  according  to  ye  several  grants, 
as  they  haue  agreed  in  Court  to  doe. 

This  Court  doth  grant  and  order  that  there  shalbe  paid  vnto 
Eltweed  Pomry  the  sum  of  Ten  pounds,  out  of  ye  Wompom 
yt  is  come  from  Narroganset,  at  six  p""  penny,  as  recompense 
for  his  loss  in  his  Mare. 

This  Court  orders,  that  in  case  Sarah  North  hear  not  of  her  hus- 
band by  thatye  seauenthyear  be  expired,  (he  haueing  bene  absent 
six,  already,)  that  then  she  shalbe  free  from  her  coniugal  bonds.. 

Its  ordered  by  this  Court,  that  ye  people  of  Middle  Town 
shal  pay  vnto  Mr.  Stow,  for  his  labour  in  ye  ministrey  the  year 
past,  40/.  weh  is  to  be  paid  vnto  him  by  the  10'^^  of  April  next. 

Its  ordered,  that  ye  Wompom  yt  the  Comissioni^s  ordered  to 
be  paid  to  Mr.  Brewster  shalbe  deliv^d  vnto  him  out  of  that 
weh  came  from  Narroganset. 

It  is  ordered  that  ye  Secretary  shal  send  down  order  to  Rob' 
Chapman  to  giue  power  and  order  to  ye  new  Constable  at  Sea 
Brook  to  levy  the  sum  of  9/.  6s.  Id.  vpon  William  Bushnell, 
and  likewise  y*  ye  Secretary  shal  send  order  to  require  the  said 
Bushnell  to  levy  the  said  9/.  6s.  Id.  vpon  ye  estates  of  such  at 
Norridge  as  are  defectiue  in  their  Rates  and  to  p^fect  his  Acco* 
for  ye  last  yeare. 


OF     CONNECTICUT.  363 

The  Constables  in  the  y^  respectiue  Plantations  are  hereby 
required  forthwith  to  perfect  their  acco^s  respecting  the  several 
levies  for  y^  Countrey  Rates  y'  are  yet  imperfect ;  and  in  case 
of  defect  herein  aff  the  lO^i^  of  Aprill  next,  the  Treasurer  is 
ordered  to  send  forth  warrants  to  y^  p^sent  Constables  to  des- 
treine  the  remaind''  of  y^  Levy  from  the  Constable  defectiue, 
also  40s.  fine  for  neglect  in  attending  the  Countrey  order  is  to 
to  be  required  of  and  destreined  by  the  Treasurers  Warrant 
from  y^  said  Constables. 

1140]  Whereas,  it  is  wel  knowne  to  y^  Inhabitants  and 
Churches  in  these  parts  that  there  was  a  Church  orderly  gath- 
ered at  Wethersfield,  by  y^  full  approbation  and  allowance  of 
ye  Court  and  Magestrates  then  in  power,  and  by  the  consent 
and  appi'bation  of  neighbour  Churches,  and  whereas  there  are 
diverse  of  y^  members  of  y«=  said  Church  remoued  from  thence 
w^hout  any  notice  giuen  to,  or  allowance  and  app^bation  from 
this  Court  or  y^  Magestrates  of  this  Jurisdiction  or  the  Churches 
wthin  this  Jurisdiction  or  the  neighbouring  Churches,  soe  as 
the  number  of  y^  members  of  that  Church  is  lessened  thereby, 
and  vpon  that  occasion  some,  through  misapp^hension  of  the 
true  state  of  that  Church,  there  still  resident  and  remaineing^ 
haue  taken  occasion  vniustly  to  question  the  station  and  being 
of  ye  said  Church  of  X*:  as  some  of  that  Church  doe  complaine, 
and  yet  none  haue  charg'^  any  offence  or  irregularity  vpon  the 
said  Ch:  or  their  proceed  in  their  Ch:  estate  ;  &  wheras  the  said 
Ch:  did  manifest  vnto  the  former  Sess'i  of  this  Court,  w'^^'  heard 
and  examined  their  case  openly,  the  reality  and  trueth  of  their 
continuance  in  the  same  membership,  Ch:  estate  &  station  as 
formerly  ;  This  Court  doth  therfore  hereby  declare  that  y^  said 
Ch:  is  ye  true  and  vndoubted  Ch:  of  Wethersfield,  and  soe  to  be 
account**  and  esteemed,  for  any  thing  doth  yet  appeare  ;  yet  this 
Court  doth  also  declare  that  if  any  just  charg  be  brought  in 
agaynst  them,  or  any  thing  be  made  to  appeare  that  may  iustly 
disapproue  or  call  in  question  their  Ch:  estate  before  the  14^^ 
of  May  next  ensueing,  and  shal  orderly  declare  and  regularly 
prosecute  their  charge  agaynst  them,  then  ye  Court  will  attend 
the  hearing  of  such  charge  agaynst  them  and  accordingly  iudge 
of  their  estate  as  shal  then  appeare. 

The  Magestrates  and  Assistants  in  ye  respectiue  Plantations 


364  PUBLIC      RECORDS 

in  this  Colony  are  desired  forthwith  to  call  ye  Grand  Jury  men 
in  their  Townes,  and  to  giue  them  an  Oath  for  y«  due  discharg 
of  their  worke. 

[141]  The  Com's  of  N.  London  is  fined  40s.  for  not  trans- 
mitting their  List  of  estate,  according  to  order. 

It  is  ordered  by  this  Court,  that  noe  person  wtsoeuer  in  this 
Colony,  shal  directly  or  indirectly  buy  or  rent  any  of  ye  Lands 
at  Podunk  that  are  laid  out  and  possessed  by  the  Indians  there. 
And  respecting  Thomas  Burnam,  it  is  allowed  and  granted  vnto 
him,  that  in  case  the  Indians  there  shal  depart  from  that  place 
and  leaue  it,  that  then  the  said  Thomas,  w^^  y®  free  consent  of 
ye  Indians  there,  shal  improue  the  Indians  lands  in  ye  time  of 
their  absence,  W^^  consent  of  ye  Indians  shalbe  declared  before 
the  Magestrates.  Thomas  Burnam  doth  engage  to  this  Court' 
that  whensoeuer  ye  Indians  desire  to  returne  to*and  improue 
their  lands  themselues,  he  the  said  Thomas  wil  freely,  readily 
and  without  any  trouble,  surrend^  ye  possession  vnto  ye  Indians 
agayne.     This  liberty  to  continue  til  his  lease  be  expired. 

It  is  ordered,  that  Cap*  Lord  and  the  Treasurer  shal  leuel  ac- 
counts, and  the  Treasurer  is  to  pay  what  is  due  to  Cap*  Lord, 
w^h  dammadges  allowed  vnto  him. 

Capt.  Cook  is  required  to  desist  in  any  further  labour  on  the 
lower  Farme  at  Mussaco,  vntil  the  matter  be  issued  at  Geni^ 
Court,  in  May  next. 

Wednesday  three  weeks  is  appointed  a  solemne  humiliation 
to  seek  the  favour  of  God  in  ye  occasions  of  ye  insueing  yeare, 
and  yt  God  would  direct  vs  in  those  waies  y*  may  conduce  to 
our  settlement  in  peace  and  privilidges,  and  y^  peace  and  truth 
may  be  setled  in  England. 


[142]     Court  of  Election  held  at  Hartford,  May  16, 

1661. 
Magestrates  elected  : 
Jo:  Winthrop  Esq"",  Go: 
Jo:  Mason  Esq^,  Dep: 

Mr.  Henry  Clark,  Mr.  Gould, 

Mr.  Willis,  Mr.  Topping, 


OF     CONNECTICUT.  3G5 

Mr.  Allyn,  Mr.  Rainer, 

Mr.  Phelps,  Mr.  Baker, 

Mr.  Treat,  Mr.  Bond. 

Treasurer,  John  Talcot. 
Sec'y  Dani^  Clark,  et  Dep: 
JDep:     C.  Rich:  Lord,  Mr.  Henry  Woolcot,  Mr.  Gaylard, 
Wm.  Wadsworth,  Joseph  Migat,  John  Moore,  Sam^i 
Welles,  Samii  Boreman,  John  Deming  Sen"",  John  Kil- 
burne,  John  Clark  Sen"",  Math:  Campfield,  Jehu  Burr, 
John  Banks,  Rich:  01mstead,Robt  Warner,  Nath:  White, 
James  Rogers,  Rob'  Royce,  Antho:  Howkins,  Thomas 
Judd,  Phillip  Groues,  Mr.  Haul. 
The  Freemen  voted  that  y^  Gen^'  Court  should  choose  Com*"' 
and  invest  them  w'h  full  power  for  this  year  ensueinge: 

And  likewise  that  y^  Court  should  choose  Assistants,  as  need 
requires  in  y^  several  Plantations. 

Mr.  Tinker,  Mr.  Campfield  and  Rob'  Chapman  ai*e  chosen 
and  sworn  Assistants. 

The  Assistant  and  Com's  at  New  London  are  desired  to  take 
a  strickt  care  to  suppress  disorders  in  that  place. 

The  Gou^nor  and  Dep:  Gou""  are  chosen  Comissioners  for 
this  yeare  ensueing,  and  Mr.  Allyn  and  Mr.  Willis  for  a  re- 
serue. 

Mr.  Allyn  is  chosen  Moderator  in  absence  of  y^  Gou""  and 
Dep:  Go:,  both  for  Gen^  and  P^ticuler  Courts. 

This  Court  remits  4/.  of  ye  fine  of  8/.  formerly  laid  on  Wm, 
Clark. 

This  Court  hath  accepted  and  doe  confirme  the  conclusion  of 
ye  Comittee  respecting  the  accounts  of  Georg  Tong  &  John 
Stebbin. 

This  Court  remits  Ten  pound  of  ye  fine  imposed  on  John 
Bissell  for  tradeing  Liquors. 

This  Court  hath  added  20s.  to  that  w^h  the  Pniculer  Court 
allowed  to  Stephen  Taylor  out  of  John  Bissells  fine. 

This  Court  vnd'"sf.anding  the  Com^s  consent  thervnto,  doe 
accept  of  ye  Plantation  of  Setauk  vnd""  this  Gouerm',*  vpon 
ye  same  Articles  of  Confederation  as  are  granted  to  South- 

•  "  Libertie  is  granted  to  the  Jurisdiction  of  Conecticut,  to  take  Huntington  and  Setaukett,  two 
English  PJantetions  on  Long  Hand,  vnder  their  Gouerinent."    [Rec.  of  U.  Colonies,  Sept.  1660,1 

32* 


366  PUBLIC      RECORDS 

ampton ;  and  for  two  yeares  doe  free  y*  Plantat:  from  publ: 
charges,  nor  must  they  expect  the  Countrey  to  be  at  charg 
about  them  during  that  time.  Mr.  Richard  Wodhull  and  Mr. 
Thorn s  Peirce  are  chosen  by  the  Court  to  officiate  in  ye  place 
of  Magestrates  in  that  Plantat:  for  y^  yeare  ensueing.  Mr. 
Wodhul  sworne. 

Mr.  Pel  and  Alexand^"  Knowles  chosen  Assistants  for  Fair- 
field, and  in  case  either  of  them  refuse,  Mr.  Wm.  Hil  is  chosen 
to  supply  that  defect. 

[143]  This  Court  doth  ord^  that  ye  bounds  of  N.  London 
shalbe  measured  by  the  persons  that  the  Court  appoints,  that 
soe  they  may  be  regulated  according  to  y^  grant  of  the  Court. 

Mathew  Griswold,  Thomas  Tracy  and  James  Morgan  are 
appointed  to  try  the  bounds  of  N.  London,  and  to  make  report 
what  is  ye  extent  of  ye  bounds  from  the  Sea  northward  in- 
to ye  Countrey,  on  ye  east  side  the  Riuer,  according  to  ye  ord- 
nary  way  of  laying  out  of  bounds  in  this  Colony.  N.  London 
people  haue  liberty  to  procure  the  ablest  person  they  can  to 
assist  in  this  matter. 

This  Court  hath  chosen  Wm.  Wadsworth,  Mr.  Campfield  and 
John  Moor  as  a  Comittee  to  ripen  ye  case  respecting  the  horses 
in  controuersy  twixt  Reynold  Marvin  and  Math:  Griswold,  for 
ye  determination  of  ye  Court. 

The  former  ord^  respecting  Mr.  Jn"  Tinker  is  stil  to  be  at- 
tended by  him  in  veiweing  a  convenient  place  at  or  neere  Mon- 
hegin,  to  take  vp  some  Land.    • 

Respecting  Mr.  Bruens  letter  for  advice,  the  Courts  mind  is 
to  take  the  matf  into  furth""  consideration  before  they  giue  di- 
rection in  ye  case  propounded  by  him. 

In  answer  to  Fairfield  Petition,  this  Court  declare  their  vn- 
willingnes  to  admit  a  further  hearing  of  ye  case  twixt  Fairfield 
&  Stratford. 

This  Court  grants  Goodwife  Lettin  liberty  to  inhabit  in  Fair- 
field, in  case  that  Towne  admit  her. 

Execut"  sent  to  Fairfield  for  Twenty  pounds,  according  to 
ye  conclusion  of  Norwalk  Comittee. 

This  Court  remitls  405.  of  ye  fine  imposed  vpon  Nicholas 
Palmer  &  his  wife. 

This  Court  approues  of  ye  returne  of  ye  Comittee  respecting 


OF     CONNECTICUT.  367 

Math:  Griswold  and  Renold  Marvin,  and  confirm  their  determi- 
nation about  the  Horses. 

This  Court  grants  that  the  one  half  of  y^  horses  in  contro- 
uersy  shalbe  devided  twixt  Math:  Griswold  and  Reynold  Mar- 
vin equally,  and  y«  other  half  the  Court  ord""  to  be  to  y^  Coun- 
trey.  And  its  ordered  that  y^  said  company  of  horses  shalbe 
[144]  lookd  vp  by  Marvin,  and  that  Robert  Chapman,  1|  John 
Clark  Sen^,  Math:  Griswold  and  Reynold  Marvin  shal  sell  the 
Horses  to  make  paym*  and  distribution  according  to  this  Order. 
Goodm:  Marvin  is  to  see  y«  Horses  brought  in,  that  soe  this  ord"" 
may  be  effected.  And  y^  value  of  what  haue  bin  sold  is  to 
come  into  this  distribution.  And  this  is  to  issue  that  contro- 
uersy. 

John  Banks,  Richard  Olmstead,  and  Joseph  Judson  are  ap- 
pointed to  run  the  line  from  South  to  y^  Northward,  twixt  Fair- 
field and  Stratford,  to  y^  extent  of  their  bounds,  and  also  ye 
cross  line. 

This  Court  hath  remitted  fiue  pounds  of  y«  fine  imposed  on 
Whelpley,  for  his  lasciviousness. 

This  Court  repeales  y^  ordi"  for  paying  the  Indians  for  such 
Wolues  as  they  kill  or  steale. 

Respecting  Cap*  Aaron  Cooks  grant  at  Mussaco,  This  Court 
doth  iudg  the  grant  stil  in  force,  and  doe  order  that  he  shal  be- 
gin next  ye  Falls  and  take  meadow,  good  and  bad,  w^hout  ex- 
ception, except  vplands,  w<=h  are  not  intended  in  ye  grant. 

In  reference  to  ye  Address  drawn  vp  by  c  Gou^nor,  This 
Court  doth  order  that  ye  said  Draft  as  it  is  now  drawen  vp  and 
formed  and  pi'sented  to  ye  Court,  shalbe  sent  and  p^sented  to 
his  Highnes  o"^  Soveraigne  Lord  and  King  Charles  ye  2^  etc.,  in 
case  the  Comittee  chose  to  pi'vse  and  compleat  ye  said  Address 
see  not  cause  to  make  any  alteration  therein,  to  whom  it  is  fully 
left  to  compile  or  methodize  the  Instrument  as  they  iudge 
most  convenient,  provided  ye  substance  be  stil  attended  and 
reteined. 

The  Comittee  chosen  to  compleat  ye  Address  and  draw  vp 
the  Petition  to  his  Ma^'e  or  any  other  L^s  to  any  noble  p^sona- 
ges  in  England,  and  al  other  matters  respecting  c  address.  Pe- 
tition or  Patent,  are  as  follow :  John  Winthrop  Esq^  C  Gour ; 


368  PUBLIC     RECORDS 

Also,  ye  Dep:  Gou^,  Mr.  Willis,  Mr.  Allin,  Mr.  Warham,  Mn 
Stone,  Mr.  Hooker,  Mr.  Whiting  and  ye  Secretary. 

It  is  agreed  between  Cap*  Topping,  Mr.  Halsey,  Mr.  Stan- 
bourough  and  John  Coop^  in  behalf  of  all  of  Southampton 
[145]  vnsatisfied  about  their  bounds,  ||  and  Mr.  Baker  and  Mr. 
Mulford,  in  behalf  of  ye  Towne  of  East  Hampton,  That  y« 
bounds  between  the  two  Plantations  shal  for  euer  be  and  re- 
maine  at  the  stake  set  down  by  Capt:  How,  an  hundred  pole 
eastward  from  a  little  pond,  the  said  stake  being  two  miles  or 
near  thereabouts  from  ye  east  side  of  a  great  pond  comonly 
called  Sackaponock  ;  and  soe  to  run  from  ye  South  Sea  to  the 
stake,  and  soe  ouer  the  Island  by  a  strait  line  to  ye  easterne  end 
of  Hogneck,  according  to  ye  true  intent  and  purpose  of  what  is 
expressed  in  the  grant  and  deed  subscribed  and  allowed  by  Mr. 
James  Forret,  Agent  for  ye  Right  Hoi'ie  Earle  of  Sterling.  It 
is  further  to  be  vnd''stood  that  what  agreem*  is  here  made  doth 
noe  way  intrench  vpon  any  of  ye  rights,  privilidges  or  irnunities 
conferd  vpon  Southampton  by  their  Patent  purchased  of  the 
aforesaid  James  Forret.  It  is  further  concluded  that  ye  lands 
on  the  west  side  the  stake  forementioned  shalbe  and  remaine  to 
Southampton  for  euer,  and  ye  land  on  ye  east  side  ye  stake, 
being  the  greater  part  of  ye  Plaine,  to  be  and  belong  to  ye  Plan- 
tation of  East  Hampton  foreuer.  And  this  to  stand  as  a  final 
conclusion  respecting  the  bounds  twixt  those  two  Plantations. 

It  is  ordered,  that  ye  Towne  of  East  Hampton  shal  pay  vnto 
ye  Capt  Topping  and  his  copartners,  towards  their  charges  in 
transacting  this  case  at  this  Court,  the  sum  of  20  Nobles. 

This  Court  is  adiourned  til  ye  last  Wednesday  in  Aug^t  next. 

Postscript. 
This  Court  doth  desire  and  authorize  o^"  Wor'i  Gouerno'' 
(who  speedily  intends  a  voyage  to  England,)  to  agitate  and 
transact  the  affairs  of  this  Colony  in  reference  to  o""  Address 
&  Petition  to  his  Ma^ie,  or  respecting  o^  Pattent,  according  as  he 
shall  receaue  further  instructions  from  the  Comittee  appointed 
to  compleat  those  matfs,  takeing  in  the  advice  and  counsell 
and  consent  of  such  Gentlemen  and  freinds  as  may  be  excited 
and  procured  to  be  actiue  w'^  him  in  and  about  the  premisses. 


of    connecticut,  369 

[146]  Hartford.     Session  Gen'^  June  7*:  61. 

Jo:  Winthrop  Esqr,  Go: 

Magestrates:     Mr.  Willis,  Mr.  AUyn,  Mr.    Phelps,  Mr. 
Treat. 

Sed";  Danii  Clark. 

Dep:     C.  Rich:  Lord,   C.   Jn"  Talcot,  Henry  Woolcot, 
Wm.  Gaylard,  Wm.  Wadsworth,  Joseph  Migat,  Jo:  Dem- 
ing,  Samii  Wells,  Sam^i  Boreman,  Tho:  Judd,  Antho: 
Howkins,  Rob^:  Warner,  Nath'i  White,  James  Rogers. 
This   Court  haueing   considered  the  Address  and  Petition 
compleated  by  the  Comittee,  to  be  sent  and  pi'sented  to  his 
Matie,  o""  Soveraigne  Lord  Charles  the  2d,  and  also  the  Instruc- 
tions drawen  vp  for  o""  Wor^i  Gouernc,  Agent  for  this  Colony 
in  ye  prmisses,  doe  approue  of  that  w^h  ye  Comittee  hath  done. 
And  doe  further  add  to  y^  Instructions,  that  they  doe  leaue  y« 
matfs  respecting  any  Li's  that  may  be  found  necessary  to  be 
directed  to  any  other  Nobles  or  Gent:  who  may  be  stirred  vp  to 
be  helpful  in  promoteing  the  Address,  Petition  or  Pattent,  be- 
sides them  that  are  nominated  in  the  Instructions,  to  o''  Wor'i 
Gouern"";  and  as  he  shal  see  cause,  to  draw  vp,  and  in  y^  name 
of  the  Colony  to  subscribe,  scale  and  deliuer  such  L^s,  and  to 
draw  vp  and  pi'sent  any  further  Petition  in  behalf  of  this  Colony, 
to  his  Ma^ie,  as  may  be  found  necessary. 

It  is  ordered  by  this  Court,  that  c  Wor^i  Gouernr  shalbe 
allowed  out  of  the  Treasurie,  for  this  ensuing  yeare,  the  sum  of 
Eighty  pounds.  And  in  reference  to  his  intended  voiage  to 
England,  if  his  purpose  and  resolution  doe  stil  continue  to  goe, 
in  regard  this  Court  hath  made  choice  of  his  worsP  to  be  an 
Agent  to  further  our  welfare,  in  p^senting  o''  Address  &  Peti- 
tion to  ye  Kings  Maiestie,  and  to  improue  his  abilities  to  pro- 
cure vs  a  Pattent,  This  Court  doth  hereby  order  and  enact,  that 
whateuer  charges  or  expenses  the  attendance  on  those  affaires 
of  this  Colony  shall  require  in  England,  shalbe  defraied  out  of 
that  500/.  that  is  by  ord^  of  Court  appointed  and  set  apart  for 
yt  service. 

This  Court  doth  desire  and  appoint  Capt.  Lord,  Mr.  Henry 
Woolcot,  John  AUyn,  Will™  Wadsworth,  or  a  maior  part  of 
them,  w'h  ye  advice  of  Mr.  Math:  Allyn,  to  order  and  dispose  of 
ye  pay  that  is  to  come  to  ye  Col:  from  Cap'.  John  CuUick,  soe 


370  PUBLICRECORDS 

as  yt  it  may  answer  such  Bills  as  may  be  charged  on  this  Col: 
by  o""  Wor^i  Gouernor  or  his  order,  in  pursuance  of  our  Pattent, 
in  England. 

[147]  The  Treasurer  is  appointed  to  signe  y^  h^  of  Credit, 
whereby  the  Gouerno'"  may  be  authorized  to  charge  Bills  on  y^ 
Colony  to  y^  value  of  500Z.  according  to  former  act  of  y^  Court. 
The  Treasurer  is  to  giue  order  to  y^  Comittee  for  y^  delivery  of 
pay  when  Bills  are  charged. 

The  Secretary  is  ordered  to  subscribe  in  y«  name  of  y^  Court, 
the  Address,  Petition  and  Letters  to  y^  Nobles  and  to  y«  Cor- 
poration, and  deliuer  to  y  Gouernour  coppies  of  y^  same ;  and 
in  case  it  be  iudged  expedient  the  Gouernour  is  desired  to  sub- 
scribe y«  Address  and  Petition.* 

Eltweed  Pomrey  hath  receaued  the  10/.  in  Wompom,  from 
ye  Gouerno',  that  the  Court  formerly  granted  him. 

Session,  June  8:  61. 

This  Court  takeing  into  consideration  ye  estate  y*  is  in  John 
Coles  improuemS  y*  formerly  belonged  to  Edward  Hopkins 
Esqr,  Doe  order,  that  ye  Treasurer  shal  require  and  take  into 
his  custody  and  improuement  the  rent  of  that  house  and  land  at 
Hartford,  from  John  Cole,  and  to  be  accountable  for  it  when  ye 
Court  cals  him  thervnto.  And  likewise  for  Willra  Hills  farme, 
ye  same  order  is  to  be  attended. 

The  Treasurer  and  Will'"  Wads  worth  are  desired  to  acquaint 
John  Cole  that  ye  Court  expects  that  he  continue  in  ye  improue- 
ment of  ye  Farme  according  to  his  Lease ;  and  its  left  w^h 
them  to  informe  him  that  ye  Court  desires  and  are  ready  to  in- 
courage  him  in  this  busines  for  ye  future. 


[148]  Hartford.     Session,  AuG^t  17:  61, 

Majr  Jo:  Mason  Esq^,  D:  Go: 
Magestrates :     Mr.  Allyn,  Mr.  Phelps,  Mr.  Treat. 
Secrefy;  Danli  Clark. 

•  The  Instructions  to  Gov.  Winthrop,  Letter  to  the  Earl  of  Manchester,  (as  is  supposed,)  and 
a  copy  of  the  Address,  will  be  found  in  the  Appendix,  No.  X.  The  Petition,  and  a  Letter  to 
Lord  Say  &  Sele,  have  been  already  printed  in  Trumbull's  History  of  Connecticut,  Vol.  i.,  Ap- 
pendix,  Nos.  vn.  &  viii. 


OF      CONNECTICUT.  371 

Deputies  :  C.  Jo:  Talcot,  W^  Wadsworth,  Joseph  Migat, 
Samii  Wells,  John  Moor,  Jo:  Deming  Sen:,  Tho:  Judd, 
Antho:  Howkins,  Sam:  Boreman,  John  Kilburn,  Rob' 
Warner,  Nathan'i  White,  Mr.  Henry  Woolcot. 

This  Court  doth  order  that  it  shalbe  comended  to  y^  consid- 
eration ofy«  Com^s  that  an  order  may  be  established,  Thatnoe 
Indians  w^euer  shal  attempt  any  hostile  act,  or  wage  or  carry 
on  any  warr  within  y^  limits  of  y^  several  Colonies  or  Planta- 
tions, but  shal  first  make  y^  justice  of  their  cause  appear  to  y® 
Authority  of  y^  Colony  wherin  the  Indians  Hue,  and  haue  liberty 
from  ye  Authority  of  ye  Colonic  to  proceed  on  in  their  warr : 

And  in  case  the  Indians  doe  violate  y^  Com^s  former  order, 
in  hostile  attempts  as  before,  or  in  marching  throw  ye  Townes 
wth  armes,  what  fine  or  punishment  is  to  be  inflicted  on  offend- 
ers, and  how  we  may  act  in  opposeing  Indians  or  pursueing  de- 
linquents. 

This  Court  doth  appoint  Maior  Mason,  Mr.  Allyn,  Wm. 
Wadsworth,  C.  Jo:  Talcot,  Joseph  Migat,  as  a  Comittee,  to 
whom  it  is  left  to  settle  Podunk  Indians  in  that  place,  vpon 
righteous  and  honerable  termes ;  as  also  to  indeauour  to  settle 
Farmington  Indians,  and  to  purge  out  strangers  from  them. 
And  to  enioyne  both  Podunk  and  Farmington  Indians  to  cease 
their  warr  and  not  to  entertein  strangi's,  and  also  to  require  ye 
Captiues. 


[149]  Hartford.     Session  Gen'I  AuG^t  28:  61. 

Mr.  Allyn,  Moderate^. 
Magestrates  :     Mr.  Phelps,  Mr.  Treat. 
Dep  :     C.  Jo:  Talcot,  Dan^'  Clark,  et  Sec'',  Mr.  Gaylard, 
Wm.  Wadsworth,  John  Moore,  Joseph  Migat,  Sam^i 
Welles,  John  Deming,  Sam^^  Boreman,  Anthony  How- 
kins,  Thomas  Judd. 
In  reference  to  ye  case  depending  twixt  Caspar  Varleet,  by 
way  of  appeale,  contr  Edward  Palmes,  This  Court  doth  deter- 
mine. That  Caspar  Varleet  shal  forthwith  make  satisfaction  to 
Mr.  Palmes  for  what  is  vnpaid  of  ye  Bill  in  Cattle,  w^^  81.  6s. 
6d.  for  damadge,  with  charges.     And  in  case  Caspar  Varleet 


372  PUBLIC     RECORDS 

doe  not  satisfie  according  to  this  order,  This  Court  grants 
execution  to  be  dehvered  vpon  y^  estate  of  Varleets  that  hes 
vnd''  Attachm*,  and  L*  Thomas  Bull,  Mr.  Jos:  Wellard  and 
James  Steel  are  appointed  to  apprize  the  estate  that  Mr.  Palmes 
doth  receaue  from  Mr.  Varleet ;  and  if  any  of  these  three  fayle, 
Thomas  is  to  supply  his  roome. 

This  Court  hath  granted  to  Jonathan  Gilbert  a  farme,  to  ye 
numb"^  of  300  Acres  of  vpland  and  50  Acres  of  meadow,  pro- 
vided it  be  not  preiuditiall  where  he  finds  it  to  any  Plantat"  yt 
now  is,  or  hereafter  may  be  setled. 

The  Court  hath  granted  vnto  Mr.  Math:  Allyn,  400  Acr^  of 
vpland  and  100  A-cr^  of  meadow,  where  he  can  find  it  w^^^in 
Conect:  liberties,  vpon  ye  same  termes  as  to  Jonatha  Gilbert. 


[150]       Hartford:     At  a  Gen^' Session  :  Ocxo^r  3  :  61. 
Maior  Mason,  D:  Go: 

Magestrates:     Mr.  Willis,  Mr.   Allyn,   Mr.    Phelps,   Mr. 
Treat. 

Sec'',  Danii  Clark,  et  Dep  : 
Deput :     C.  John  Talcot,  Lt  Hollister,  Lt  Jo:  Allyn,  Mr. 
Gaylard,  L*    Walter  Filer,  Joseph  Migat,  John  Moor, 
John  Deming,  Sam^^    Wells,   Sam^i  Boreman,   Antho: 
Howkins,    Tho:    Judd,   Rob*   Chapman,    John   Clarke, 
James  Morgan,  James  Avery,  Walter  Hoit,  Joseph  Jud- 
son,  Nathii  White,  Robert  Warner,  Phillip  Groues,  Mr. 
Hill,  Thomas  Staples. 
This  Court  orders,  that  it  may  be  comended  to  y^  considera- 
tion of  ye  Freemen  the  great  cost  and  burthen  yt  lies  vpon  this 
CoUony  by  the  great  number  of  Deputies  that  attend  ye  Gen^i 
Courts  ;  and  if  it  seeme  good  to  ye  Freemen  it  is  desired  y*  ye 
number  may  be  lessened  one  halfe  in  each  Towne  in  this  Colo- 
ny.    And  likewise,  in  case  any  occasion  necessitate  the  calling 
together  ye  Gen^i  Court  at  such  season  that  may  be  praeiudiciall 
for  the  remoter  Townes  to  send  their  Deputies,  that  then  it  may 
remaine  and  be  in  ye  power  and  liberty  of  these  neighbouring 
Townes  on  ye  Riuer,  by  their  Deputies  or  a  major  part  of  them, 
w^Ji  soe  many  Magestrates  as  ye  law  requires,  to  keep  Court, 


OF     CONNECTICUT.  373 

y^  with  full  power  and  authority  as  if  the  Deputies  of  y^  severall 
Elantations  were  p''sent  altogether. 

This  Court  doth  hereby  manifest  their  complianc  and  consent 
that  ye  Comision  Court  shalbe  held  but  once  in  three  yeares,  in 
ye  ordnary  course:  and  y^  Secretary  is  ordered  to  certifie  this 
order  to  y^  Comi^s  at  y  next  meeting. 

There  is  a  Levy  of  a  penny  p''  £  ordered  to  be  raised  vpon 
ye  estate  of  y^  whole  Colony. 

Next  Wednesday  come  fortnight  is  appointed  to  be  kept  a 
solemne  Thanksgiueing  throwout  the  Colony,  for  Gods  merceys 
in  ye  remaineing  fruits  of  ye  earth,  and  for  o"^  peace,  and  that 
God  is  pleased  to  free  vs  from  y^  mortality  y'  ye  Plantat^  haue 
bin  afflicted  with. 

Those  that  are  nominated  to  be  put  to  election  for  Mages- 
trates,  at  the  Gen^i  Court  in  May  next,  are  C.  John  Talcot, 
Sec  Danii  Clark,  L'  Jo:  Allyn,  Mr.  Henry  Woolcot. 

This  Court  haueing  heard  and  considered  the  busines  respect- 
ing Mr.  Varleets  Still  and  Worm,  w^h  ye  head,  yt  was  destreined 
for  Mr.  Palmes  his  debt,  doe  see  cause  to  order,  that  ye  said 
[151]  Still  etc,  be  sequestred  in  ye  Marshalls  hand  or  custody, 
for  ye  space  of  three  weeks,  during  w<=^  time  it  shalbe  lawful! 
and  at  ye  liberty  of  Mr.  Varleet  to  redeem  the  Still,  by  paying 
the  debt  to  Mr.  Palmes  or  ye  Marshall,  wt^  all  such  charges  as 
haue  bene  occasioned  by  executions  laid  on  the  Still.  And  if 
Caspar  Varleet  doe  not  redeem  it,  or  any  man  elce,  in  that 
time,  pay  more  for  it  then  what  is  due  to  Mr.  Palmes,  then  ye 
Still  etc.  is  to  be  delivered  to  Mr.  Palmes,  and  he  to  defray  the 
said  charges. 

The  list  of  Estate  andp^'sons  p^'sented  to  this  Court: — 


Hartford, 

£11)512. 

0. 

0. 

Wethersfield,  11955. 

0. 

0. 

Windsor, 

15902. 

0. 

0. 

Stratford,           8596. 

0. 

0. 

Sea  Brook, 

05583. 

0. 

0. 

Nor  walk,           3527. 

10. 

0. 

Farmington, 

06240. 

0. 

0. 

Middle  Towne,  2399. 

0. 

0. 

Fairfield, 

10423. 

4. 

0. 

This  Court  doth  ord""  and  appoint  Mr.  Gould,  Mr.  Sherman, 
Mr.  Knowles,  Mr.  Campfield  or  any  three  of  them,  provided  Mr. 
Gould  be  one,  to  examine  and  issue  ye  busines  respecting  Joseph 
Jeames  and  Marcy  Holbridge  and  to  inflict  such  punishm^  as 
they  iudge  meet  according  to  law. 
33 


374  PUBLIC     RECORDS 

This  Court  dolh  confirme  and  establish  ye  act  of  ye  Comittee 
at  N.  London,*  respecting  ye  east  line  and  lands  disposed  and 
to  be  disposed  of;  one  pniculer  whereof  is  yt  such  land  as  lies 
abutteing  vpon  ye  line  already  disposed  to  men,  shalbe  and  be- 
long to  them,  though  it  lye  w^^hout  ye  line. 

This  Court  haueing  heard  and  considered  y«  contumelies  car- 
riage of  Mr.  Varleet  against  ye  Magestrates,  and  affront  to  ye 
Countries  officer  in  execution  of  his  office,  doe  fine  him  10/.  to 
be  paid  by  him  to  ye  Treasurer. 

The  Worii  D:  Gouern'",  C.  Jo:  Talcot  and  Lt  John  Allyn  are 
appointed  and  requested  to  goe  to  N.  London  to  ioyne  w'^  ye 
[152]  Assistant  and  Com^s  there  ||  in  keeping  Court  Pert^:  and 
ye  Dep:  Gou"":  is  to  appoint  ye  time. 

It  is  ordered  that  the  Assistants  in  this  Colony,  w^Hn  their 
respectiue  limits  shal  haue  ye  power  of  one  Magestrate  vntily® 
Gen^i  Court  in  May  next. 

This  Court  orders  ye  Secretary  to  write  a  Letter  to  Nor- 
ridge,  to  send  vp  a  Comittee  in  May  next,  invested  w^^  f^\\ 
[poioerl  to  issue  ye  affair  respecting  setling  that  Plantation  ynd"" 
this  Gouerment. 

The  Will  and  Testam^  of  Edward  Hopkins  Esq',  being 
pfsented  to  this  Court,  legally  attested,  is  accepted  as  authen- 
tick : 

This  Court  doth  likewise  order  and  impower  Edward  Steb- 
bing  and  L^  Thomas  Bull  to  take  ye  manadgm*  of  ye  estate  of 
Mr.  Hopkins,  deceased,  into  their  hands  and  the  gathei'ing  in 
ye  debts  due  to  ye  estate  and  to  be  accountable  to  ye  Court  for 
ye  same  when  called  therevnto. 

Vpon  a  proposition  p^'sented  from  Mr.  Goodwin,  in  reference 
to  ye  legacy  belonging  to  this  Colony,  by  the  last  Will  of  Mr. 
Hopkins,t  and  whereas  there  was,  by  a  writeing,  a  tendr  of 

*  [In  the  margin  ;J    "  ]7  May,  '55." 

t  Mr.  Hopkins,  by  his  will  executed  Mar.  17th,  1657-8,  ("after  severall  legacies  therein  be- 
queathed out  of  his  estate  in  New  England)  gave  and  bequeathed  the  residue  of  his  estate 
there,  to  his  father  Thenphilus  Eaton  Esq.,  Master  John  Davenport,  Mr.  John  CuUick  and  Mr. 
William  Goodwin,  in  full  assurance  of  their  trust  and  faithfulnes  in  disposing  of  it  according  to 
the  true  intent  and  purpose  of  him  the  said  Edward  Hopkins,  which  was,  to  give  some  incour- 
agement  in  those  forraigne  Plantacons  for  the  breeding  up  of  hopefull  youths  in  a  way  of  learn- 
ing, both  at  the  Grammar  Schoole  andCoUodge,  for  the  publique  service  of  the  Country  in  future 
tymes."  [Power  of  Attorney  from  Henry  Dalley,  Mr.  Hopkins'  executor,  to  the  trustees  ;  in 
"Colleges  &  Schools,"  Vol.  i.  No.  l.l    In  addition  to  this  bequest,  (estimated  at  about  XIOOO,) 


OF     CONNECTICUT.  375 

350?.  to  this  Colony,  out  of  that  estate ;  This  Court  doth  declare 
that  they  doe  not  reiect  the  tender.  And  further,  this  Court 
doth  appoint  Major  Mason,  Mr.  Mathew  AUyn,  Mr.  Willis  and 
Capt  John  Talcot,  as  a  Comittee  to  treat  w^h  ye  Trustees  of 
Mr.  Hopkins  estate  about  y"  foresaid  legacy,  and  what  y"  maior 
part  of  those  y*  meet  doe  conclude,  shal  stand  as  an  issue  of  that 
busines.  And  y*"-  Secretary  is  to  write  a  letf  to  y<^  Trustees  to 
appoint  time  and  place  of  meeting. 

C.  John  Talcot  hath  liberty  granted  to  him  to  retaile  liquors 
provided  he  attend  y^  ord^s  of  ye  Countrey  therin. 

Robt  Chapman  and  Mathew  Griswold  are  appointed  to  lay 
out  Mr.  Allyns  Farm  according  to  y^  conditions  of  y^  Grant. 

Wm.  Prat  is  established  Lieutenat  to  y^  Band  at  SeaBrook  ; 
Wm.  Waller,  Ensigne ;  Wm.  Bushnel  &  Reynold  Marvin* 
Sergeants. 

[153]  Robert  Chapman  and  John  Clark  Sen^  are  appointed 
to  require  Reynold  Marvin  and  Math:  Griswold  to  bring  in  y^ 
horses  soe  ordered  for  the  Countrey,  and  to  require  y^  pay  for 
what  are  sold,  and  this  to  be  effected  by  ye  first  of  Decemb'' 
next,  and  to  inquire  after  y^  number  of  them,  and  to  make  re- 
turne  to  y^  Court  in  Decemb"^  what  is  done  herein. 

It  is  ordered,  that  y^  Indians  y'  liue  neer  ye  Townes  on  ye 
Riuer  haue  free  liberty  to  carry  their  guns,  throw  y^  English 
Townes,  provided  they  are  not  aboue  10  men  in  company. 
This  liberty  is  granted  to  Tunxis  Indians.  Former  restreints 
are  repealed. 

Will"»  Wads  worth  and  Rich""*!  Butler  are  to  iudge  of  that 
Beef  yt  Varleet  doth  pay  to  redeeme  y^  Still,  whether  Mer- 
chantable or  noe,  and  Joseph  Smith  to  gadge  y^  cask. 

Mr.  H.  gave  from  his  estate  in  England,  the  sum  of  £500,  in  further  prosecution  of  "the  afore- 
said publick  ends,"  "  for  the  upholding  and  promoting  the  kingdom  of  the  Lord  Jesus  Christ  in 
those  parts  of  the  earth."  This  latter  sum  was  considered  to  belong  to  Harvard  College,  and 
was  paid  to  that  institution,  under  a  decree  in  chancery,  in  1710. 

The  proceeds  of  the  estate  in  N.  England  were  appropriated  by  the  trustees  to  the  support  of 
Grammar  schools  in  Hartford,  New  Haven  and  Hadley. 

A  letter  from  Mr.  Goodwin,  (in  the  name  6f  the  trustees,)  to  the  General  Court,  in  reply  to  one 
received  from  the  Secretary  requesting  tha  appointment  of  a  time  and  place  of  meeting,  will  be 
found  in  the  Appendix,  No.  VHI.  [See  Savage's  Wuith.  Journal,  I.  228,  JVote;  Trumbull's  H.  of 
Conn.  I.  232.] 


376  public    records 

[154]      At  a  Session  of  the  _Gen11  Court,  at  Hartford, 
March  13:  61-62. 

This  Court  hauing  read  and  considered  the  Petition  of  Bridget 
Baxter,  in  reference  to  her  husbands  deserting  her  and  her  de- 
sire to  be  divorced  from  him,  doe  ordr  Mr.  Gould,  Mr.  Sherman 
and  Mr.  Wm.  Hill  to  examine  the  letter  that  ye  said  Baxter  sent 
to  his  wife  in  England,  and  to  compare  the  said  writeing  wth 
other  of  his  writeings  ;  and  in  case  they  find  a  true  &  full  con- 
currence in  the  said  hand  writeing,  that  to  their  judgm^s  it  ap- 
peare  to  be  his  writeing,  then  to  declare  vnto  y^  said  Bridget 
that  this  Court  hath  and  hereby  doth  free  her  from  her  coniu- 
gall  bond  to  her  husband  Baxter. 

It  is  ordered,  that  forty  fiue  shillings  in  ye  Marshals  hands,  of 
Varleets,  shalbe  a  full  discharge  of  ye  remainder  of  his  Ten 
pounds  fine  to  ye  Countrey,  weh  ye  Marshal  is  to  discharge  to 
ye  Countrey  and  Mr.  Palmes  to  him. 

This  Court  duely  and  w^^  serious  deliberation,  haueing 
weighed  and  considered  the  nature  of  the  offence  of  Mr.  John 
Blackleich  in  his  contemptuous  expressions  against  severall 
p''sons  in  authority  in  this  Colony,  doe  declare,  that  though  the 
hainousnes  of  ye  transgression  deserues  a  fine  of  an  hundred 
pounds,  yet  also  considering  some  weaknes  that  too  evidently 
appeares  that  he  is  incid*  vnto,  this  Court  doth  impose  the  fine 
of  Thirty  pounds  to  be  paid  by  the  said  Mr.  Blackleich  to  ye 
publique  Treasury. 

This  Court  haue  established  the  line  of  Farmington  to  extend 
to  ye  mouth  of  ye  Brook  at  Nod  Meadow,  at  ye  northerne  end 
towards  Mussaco,  and  there  to  be  ye  devident  bounds  twixt 
[155]  that  plantation  and  their  neighb[ours]  at  Mussaco,  and 
there  to  run  east  and  west,  to  devide  twixt  both  parties. 

This  Court  hath  granted  vnto  Anthony  Howkins  and  Thomas 
Judd  400  Acres  of  land  betwixt  them,  whereof  80  Acr^  of 
Meadow,  if  it  may  be  found  where  it  may  not  p^iudice  any 
Plantation  y*  now  is,  or  hereafter  may  be  setled. 

There  is  also  granted  vnto  C.  John  Talcot  and  L*  Jo:  AUyn, 
600  Acr*^  of  vpland  and  100  Acr^  of  meadow,  to  be  equally  de- 
vided  between  them. 

There  is  also  granted  vnto  ye  SeCy  Daniel  Clark  and  John 
Moor,  the  number  of  400  Acr^  of  land,  vpon  ye  forementioned 


OF     CONNECTICUT.  377 

termes,  whereof  80  Acres  of  Meadow,  w^h  is  to  be  devided  be- 
tween them,  and  if  it  cannot  be  found  together  they  haue  Ub- 
erty  to  seek  it  out  severally. 

There  is  granted  vnto  Mr.  Willys,  200  Acres  of  land,  whereof 
50  Acrs  to  be  Meadow  land,  vpon  ye  forementioned  termes. 

[In  the  Margin  ;]  C:  Lord  hath  granted  from  the  Court, 
350  Acres  of  vpland  &  50  Acres  of  meadowe,  if  it :  This  1 
find  in  the  Records  of  this  Court,  March  13,  61-62,  though  it 
be  not  recorded  in  their  acts  in  this  Booke.  As  I  atest  this 
nth  of  Sepf.  '67.  John  Allyn,  Secrefy. 

Mr.  Phelps,  Mr.  Gaylard,  Jo:  Bissell  Senr,  Sam"  Steell,  Lt 
Hollister,  John  Wadsworth,  doe  propound  to  y^  Court  for 
lands. 

This  Court  grants  vnto  Jeremiah  Adams,  300  Acr^  of  vpland 
and  40  Acr^  of  meadow,  in  the  place  where  he  kept  cattle  last 
winter,  going  to  Monhegin  ;  and  in  case  there  be  a  plantation 
there  setled,  he  is  to  haue  a  double  portion  according  to  his  es- 
tate out  of  this  land  now  granted ;  the  rest  he  is  to  surrend''  to 
ye  Towne. 

This  Court  sees  cause  to  repeale  the  former  order  respecting 
allowance  for  wolues,  and  y*  each  Towne  shal  pay  for  ye 
wolues  that  are  killed  in  their  limits  the  sum  of  Fifteen  shillings 
pf  wolfe. 

This  Court  orders,  that  ye  salery  for  Daniel  Porter  shalbe 
paid  yearly,  out  of  ye  Treasury. 

[156]  This  Court  orders,  that  for  future,  the  leath'  sealers  in 
this  Colony  shal  haue  allowed  vnto  them  for  each  Dicker  of 
Leather  they  scale,  18d.  and  for  half  a  Dicker,  12d.  and  4d.  a 
hide,  for  single  hides. 

This  Court  declares,  that  they  accept  the  Towne  of  Hunting- 
ton, on  Long  Island,  vnd''  this  Gouernmt,  And  Mr.  Willys, 
and  Capt:  Lord  are  appointed  to  returne  an  answer  to  their 
Letter. 

This  Court,  vppon  further  consideration  of  the  frame  of  ye 
matter  respecting  Mr.  John  Blackleich,  and  obserueing  that 
there  is  too  much  appearance  of  preiudice  in  ye  testimonies 
that  haue  bene  p^sented,  and  how  indirect  the  course  was 
wherby  any  thing  was  discouered,  i.  e.  by  lying  in  wait,  can- 
not but  see  iust  cause  to  acquit  Mr.  Jo:  Blackleich  of  that  fine 
33* 


378  PUBLIC     REC0RD8 

imposed,  there  appearing  reason  to  suspect  that  both  Loveridge 
and  Burnam  are  guilty  of  y^  crinfie  they  testifie  against  Mr. 
Blackleich. 

It  is  granted  and  ordered  by  this  Court,  vpon  the  motion  and 
desire  of  Jeremiah  Adams,  that  ye  house  that  the  said  Jer:  doth 
now  possess  and  improue  for  an  Ordnary,  or  house  of  comon  en- 
terteinment,  shalbe  and  remaine  for  the  same  end  and  vse  and 
occupation  for  the  future,  both  to  ye  said  Jeremie  and  his  suc- 
cessors, provided  as  hereafter  is  expressed : 

1.  That  ye  said  Jeremie,  his  heires  and  successors,  carry  on 
this  worke,  by  such  pi'son  or  p^sons  inhabiteing  in  ye  said  house 
as  shalbe  to  ye  good  likeing  and  approbation  of  ye  Gen^i  Court 
from  time  to  time. 

2.  That  ye  said  house  be  fitted  and  made  capable  to  giue  suf- 
ficient enterteinment  as  need  and  occasion  shal  require,  both 
to  neighbours  and  Strang rs. 

[157]  3.  That  there  be  at  all  times  necessary  &  comfortable 
accommodation  and  provision  made  for  enterteinment  of  Trav- 
ellers with  horse  and  otherwise,  and  that  both  respecting  wine 
and  liquors  and  other  provision  for  food  and  comfortable  re- 
freshing both  for  man  and  beast. 

4.  It  is  ordered,  that  if  Jer:  Adams  shall  not  attend  his  agree- 
ment in  attending  the  provision  made  in  ye  foregoing  Articles, 
he  shal  not  forfeit  his  licence,  but  shalbe  liable  to  be  censured 
by  the  Court  as  they  shaljudg  most  suteable. 


At  a  Court  of  Election  held  at  Hartford,  May  15,  1662. 
Magestrates  Elected : 

Jo:  Winthrop  Esq'',  Gouernr, 

Jo:  Mason  Esq^,  Dep: 

Mr.  Math:  Allyn,  Moderaf.  C.  Jo:  Talcot,  et  Treas: 
Mr.  Willys,  Lt  Jo:  Allyn, 

Mr.  Phelps,  Danii  Clarke,  et  Sec'; 

Mr.  Treat,  Mr.  Henry  Woolcot. 

Mr.  Gould, 

Deputies  :  Wm.  Wads  worth,  Joseph  Migat,  Mr.  Thomas 
Wells,  Mr.  Fitch,  C.  Benjam:  Nubery,  Will™  Gaylard, 
John  Moore,  Edw:  Griswold,  Sam^'  Boreman,  John  Not, 


OF     CONNECTICUT.  379 

Wm.  Goodrich,  John  Kilburn,  Nathan^  White,  Will™ 
Keny,  Math:  Campfield,  Richard  Olmstead,  Joseph  Jud- 
son,  Isaack  Nichols,  James  Rogers,  Sam'i  Smith,  Rob* 
Chapman,  John  Clark,  Anthony  Howkins,  Thomas 
Judd. 

[158]  The  Freemen  haue  referred  the  choice  of  the  Comis- 
sioners  vnto  y^  Gen^i  Court.  O""  Wor'i  Gouernor  and  Mr. 
Willys  are  chosen  Com""*  for  this  yeare  ensueing,  and  Cap* 
John  Talcot  and  Dan'i  Clark  are  chosen  for  reserues. 

It  is  ordered  by  this  Court,  that  whosoeuer  for  the  future  shal 
complaine  of  and  prosecute  to  effect  in  a  legal  way,  any  pound- 
breach or  rescue,  and  proue  the  same,  he  or  they  shalbe  paid 
one  quarter  part  of  the  fine  that  by  the  Lawes  of  this  Colony 
are  imposed  vpon  delinquents  that  are  iudged  by  the  Court  y* 
heares  y^  case  to  be  transgressors  of  any  of  the  said  Orders. 

This  Court  doth  set  at  liberty  the  transportation  of  Come. 

This  Court  hath  granted  the  Petition  from  Huntington,  and 
doe  confirme  Jonas  Wood  and  Thomas  Benedick  according  to 
their  desire,  who  are  impowred  to  act  in  point  of  Gouerment 
according  to  y^  liberties  granted  to  that  Towne  by  this  Court ; 
And  the  Secretary  is  to  giue  them  a  Coppy  of  y^  Articles  with 
Southampton,  vpon  w^h  termes  they  are  accepted. 

The  names  of  the  Grand  Jury :  WilH  Wadsworth,  Tho: 
Bull,  Deacon  Butler,  John  Moore,  Tho:  Ford,  Ed:  Griswold^ 
Anthony  Howkins,  Tho:  Judd,  John  Kilburn,  Sam''  Boreman, 
Will'"  Gutrich,  Nath:  White. 

Bridget  Baxter  is  by  the  authority  of  this  Court,  vpon  good 
consideration  and  solid  reasons  and  evidenc,  freed  from  her  con- 
iugall  bond  to  her  husband  Thomas  Baxter ;  and  whereas  the 
estate  that  her  husband  Baxter  left  with  her  is  sold  to  pay  debts, 
all  excepting  a  bed  and  her  wearing  aparell.  This  Court  doth 
[159]  prohibit  all  and  every  of  the  creditors  to  y^  said  estate  for 
seizing,  extending  or  any  way  troubleing  y^  remainder,  vntil  y« 
Court  see  cause  to  y^  contrary. 

This  Court  doth  release  the  Com^  of  New  London  from  his 
fine  respecting  y^  list  of  estates. 

This  Court  vnd ''standing  that  several  vessels  are  brought  in 
to  ye  Ports  and  Harbours  apperteineing  to  this  Colony  and  vnd^ 
a  pi'tenc  of  attending  the  Proclamation  sent  forth  from  his  Ma*'® 


380  PUBLIC     RECORDS 

C  vSoveraigne  or  the  Parliam*  of  England,  respecting  the  trans- 
porteing  of  Tobacco  to  forreigne  nations,  and  in  stead  of  pay- 
ing the  customes  imposed,  doe  in  a  clandestine  way  defeat  the 
law  and  steale  y^  custome,  and  some  haue  denied  to  pay  any 
custome,  It  is  therfore  ordered  by  this  Com-t,  that  whateuer 
Tobacco  is  landed  in  this  Colony,  there  shalbe  paid  by  the  Mas- 
ter of  the  said  Vessell,  or  Merchant  importer  of  ye  said  To- 
bacco, vnto  the  Custome  Master  of  y^  place  where  the  vessell 
is  brought  in,  for  eVy  Hogshead,  255^.  or  2d.  p^^  lb.  w°h  sum 
according  to  y^  Law  of  England  shalbe  pJ'sently  discharged,  or 
otherwise,  sufficient  security  shalbe  giuen  for  y^  payment  thereof 
w^^'m.  9  months,  otherwise  there  shalbe  noe  certificate  granted 
from  Authority,  respecting  the  landing  of  y^  said  goods. 

The  Tovvne  of  Huntington,  on  y^  Island,  is  freed  from  pub- 
lique  charges,  for  y^  space  of  two  yeares  from  this  pi'sent  time. 
Mr.  Jonas  Wood  is  appointed  Custome  Master  wt^in  and  for  y^ 
Towne  of  Huntington. 

It  is  ordered  that  all  the  Townes  vpon  the  maine,  that  are  or 
shalbe  vnited  to  this  Gouerment  after  the  publication  hereof, 
shalbe  fully  compi'hended  in  ye  Order  respecting  the  way  and 
manner  of  rateinge  and  raising  Countrey  Levies. 
[160]  This  Court  considering  the  Petition  of  Job  Drake,  re- 
specting the  Colt  now  in  the  Countreyes  possession,  formerly 
handled  in  y^  p'ticuler  Court,  the  said  Job  p^tending  further 
evidence  to  clear  his  title  to  y^  Colt,  Doe  therfore  appoint  and 
desire  Mr.  Thomas  Wells,  Mr.  Wadsworth,  Mr.  Jos:  Fitch  and 
Edward  Griswold,  to  heare  and  consider  what  Job  Drake  hath 
to  declare  about  the  colt,  and  accordingly  to  determine  the 
matf  twixt  y^  said  Job  Drake  and  y^  Countrey. 

The  petition  of  Mr.  Joseph  Heines  being  read  and  considered, 
respecting  a  grant  of  1000  Acr^  of  Land  to  his  Honc^  father 
in  ye  Pequot  Countrey,  This  Court  orders  that  ye  said  grant 
shalbe  fulfilled  before  any  later  or  further  grants  be  attended  or 
laid  out  in  that  part  of  the  Countrey. 

This  Court  graunteth  to  Mr.  Joseph  Heines  300  Acr^  of 
Land  for  a  Farme,  where  it  may  be  found  not  pi'ludiceing  a 
Plantation  in  being,  or  that  may  be,  whereof  50  Acr^  to  be 
mead:  land  if  it  can  be  found. 


OF     CONNECTICUT.  381 

The  Assistants  in  y^  severall  Plantations  are  by  this  Court 
estabUshed  in  their  respectiue  places,  for  y^  yeare  ensueing. 

This  Court  orders,  that  the  Bible  that  was  sent  to  Goodwife 
Williams  be  by  Serg*  John  Not  delivered  to  Goodwife  Harrison, 
who  engageth  to  this  Court  to  giue  vnto  ye  children  of  y^  said 
Williams,  a  bushel  of  Wheat  a  peice,  as  they  shal  come  out  of 
their  time.  And  John  Not  doth  engage  to  giue  each  of  y^  chil- 
di^n  2  shillings  a  piece  as  they  come  out  of  their  time,  to  buy 
them  Bibles  ;  and  John  Not  hath  hereby  power  granted  him  as 
is  ordered,  to  dispose  of  y^  rest  ofy®  books,  to  y<^  children  of  y^ 
said  Williams. 

This  Court  considering  the  state  of  the  Troop  listed  by  the 
Countreyes  approbation,  and  y^  inconvenience  of  their  meeting 
in  one  body,  from  ye  severall  Townes,  and  vnnecessary  expence 
of  time  to  noe  profit,  Doe  therfore  order,  that  y^  listed  Troop- 
[161]  ers  shall  haue  ||  liberty  to  attend  their  exercise  wt^in  ye 
Plantations  where  they  are  resident,  w^^  their  owne  foot  com- 
pany ;  vpon  weh  consideration  their  allowance  of  six  shillings 
eight  pence  p""  Trooper  is  taken  of,  only  the  officers  for  their 
incouragment  are  allowed  their  salery.  It  is  also  ordered,  that 
the  Troopers  in  ye  respectiue  Townes  shall  attend  and  obserue 
the  comand  of  such  officers  of  y®  Cavalrey  as  are  cohabiting  w^^ 
them  in  ye  Town  where  they  exercise,  except  any  superior  offi- 
cer of  ye  Troop  shalbe  pi'sent  at  ye  exercise.  And  notw^'J- 
standing  this  order,  they  are  to  be  accounted  as  one  inlire  Troop 
consisting  of  severall  parts,  who  are  to  vnite  and  attend  ye 
Generall  Traineing,  as  one  intire  body  of  Horse. 

It  is  ordered,  ihat  for  each  petition  that  is  p^sented  to  ye  Gen- 
erall Court,  at  any  Session  thereof,  there  shalbe  paid  by  the  pe- 
titioner, or  him  that  p'sents  the  same,  the  sum  of  lOsh.  to  y® 
publique  Treasury,  w^h  shalbe  satisfied  before  the  Petition  be 
admitted  to  be  read. 

In  regard  it  is  found  by  experience  that  there  is  great  neglect 
in  veiwinge  Generall  fences,  according  to  order ;  It  is  therfore 
ordered  by  this  Court,  that  in  every  Town  in  this  Colony,  there 
shalbe  yearly  chosen  two  men,  who  shalbe  sworne  to  a  due  p""- 
formance  of  ye  work  of  veiweing  fence,  and  whosoeuer  is  cho- 
sen to  ye  office  of  fence  veiweing  and  shal  refuse  or  neglect  to 
attend  it,  shal  pay  twenty  shilling  to  ye  Town  Treasury,  vnles 


382  PUBLIC     RECORDS 

it  appeareth  to  some  one  Magestrate  that  y^  said  party  be  op- 
pressed by  the  choice,  and  others  vnjustly  exempted.  And  it  is 
likwise  ordered,  that  y^  said  sworn  fence  veiwers  shal  haue 
power  to  fine  neglects  in  fenceing,  and  to  require  and  levy  the 
same,  and  to  deliuer  it  to  y^  Townsmen  for  y^  Towns  vse  where 
they  hue. 

[162]  This  Court  grants  liberty  to  y^  Marshall,  Jonathan  Gil- 
bert, to  keep  an  Ordnary  at  his  house,  at  Cold  Spring,  for  re- 
leiueing  of  Travellers,  according  to  their  needs. 

This  Court  desires  and  appoint  the  Magestrates  of  Hartford 
to  agree  w^^  a  sutable  man  in  Hartford  to  sel  wine  by  retaile 
out  of  doors,  at  as  good  a  rate  as  they  can. 

This  Court  doe  impower  Mr.  Obadiah  Bruen,  of  N.  London, 
to  take  Oaths  and  grant  Warrants,  in  ye  Towne  of  N,  London, 
as  occasion  requires. 

This  Court,  vnderstanding  that  there  is  much  preiudice  like 
to  ensue  to  this  Colony,  by  conveighing  Tannd  Leather  out  of 
this  Colony,  It  ^is  therfore  ordered,  that  after  y^  publication 
hereof,  what  pt'son  soeuer  in  this  Colony  shal  transport  any 
Hides  that  are  tan'd  either  for  soles  or  vpper  leather,  out  of  this 
Jurisdiction,  w'^out  spetiall  order  from  y^  Court  of  Magestrates, 
he  shal  forfeit  y^  hide  or  hides  or  y^  value  of  them,  one  third 
part  to  ye  complain^,  the  rest  to  y^  Publique  Treasury. 

There  is  liberty  granted  for  ye  Town  of  Huntington  to  ap- 
peale  in  civil  actions,  to  ye  Courts  held  at  Fairfield  or  Stratford 
for  further  triall. 

This  Court,  vpon  consideration  of  Mr.  Tinkers  incouragm^^ 
in  his  place  and  imployment,  doe  order  Twelue  pounds  to  be 
paid  to  him  by  the  Treasurer  out  of  ye  fines  imposed  on  Mor- 
ton Haughton  &  Mr.  Thomson. 


[163]         Session  GenII.    Hartford,  July  22,  62. 

Magestrates : 
Mr.  Allyn,  Moderator. 

Mr.  Willys,  Mr.  Treat,  Mr.   Talcot,  Mr.  Allyn,  Jun^, 
DanH  Clark,  et  Sec\ 


OF      CONNECTICUT.  383 

Dep  :  Mr.  Nubery,  Will™  Wads  worth,  Mr.  Tho:  Wells, 
Joseph  Migat,  Joseph  Fitch,  Edw:  Griswold,  Tho:  Judd, 
Jo.  Kilburn,  Jo:  Not,  Sam^i  Boreman,  Will«i  Keny. 

This  Court,  duely  considering  the  state  of  this  Colony,  and 
espetially  the  Plantations  situate  on  the  Riuer,  and  iudgeing  it 
very  necessary  and  tending  to  y«  furtherance  of  o""  pi'sent  con- 
dition and  comfort.  Doe  order,  that  after  the  publication  hereof, 
noe  person  shal  transport  and  conveigh  away  out  of  this  River, 
any  Corn  or  provision  from  any  Plantation  w^^in  c  liberties 
situate  on  this  Riuer,  vpon  penalty  of  forfeiting  the  said  Corne 
or  provision  or  y«  value  thereof,  one  4'^  part  to  y«  complainer, 
the  rest  to  y^  Publique  Treasu[ry.]  The  Custome  masters  in 
each  Towne  are  required  and  hereby  authorized  to  make  dili- 
gent search  to  discouer  the  transgression  of  this  order.  Provi- 
ded, that  this  order  extends  not  to  any  corn  or  provision  y* 
shalbe  transported  by  order  from  y«  Treasurer,  for  any  pub- 
lique concernments  respecting  this  Colony. 

This  Court  doth  appoint  Sam:  Boreman  and  Serg*  Not  to 
giue  notice  to  those  men  in  Wethersfield  that  are  indebted  to  ye 
Countrey  in  behalf  of  Capt.  CuUick,  and  likewise  C.  Beniamin 
Nubery  is  to  warne  I'ho:  Ford  to  provide  and  p'pare  paymt  for 
the  Countrey  wt^out  delay,  that  soe  y^  Countrey  may  be  able 
to  discharge  such  sums  as  may  be  charged  on  vs  by  o"^  Wor" 
Gouernc. 

Mr.  Jo:  Allyn,  Mr.  H.  Woolcot,  Wm.  Wadsworth,  are  desired 
and  appointed  and  authorizd,  in  case  y^  pi^sons  indebted  to  ye 
Countrey  doe  not  provide  payment  seasonably,  as  need  re- 
quires, then  y«  Comitte  or  a  maior  part  thereof  shal  procure 
corn  or  provisions  as  they  can  agree  w^^^  pi'sons :  and  the  fore- 
mentioned  Di^s  are  to  satisfie  the  said  p^'sons  accordinge  to  ye 
Comitties  appointment. 

This  Court  appoints  Wm.  Wadsworth  &  James  Steel  of  Hart- 
ford, to  goe  down  to  Hommanaset  and  veiw  the  land  there,  and 
if  it  be  not  fit  for  a  Plantation,  then  they  are  authorizd  to  lay  it 
[164]  out  vnto  II  Mr.  Mathew  Allyn,  Mr.  Willys,  Capt  Talcot, 
and  John  Allyn,  according  to  their  grants  ;  and  if  there  be  any 
ouerplus,  the  Secretary  Clark  and  Mr.  Joseph  Haines  are  to  haue 
their  proportion  there  layd  out  also.     Bnt  if  there  be  not  enough 


384 


PUBLIC     RECORDS 


for  both  of  them,  it  is  to  be  issued  by  the  Generall  Court,  w'^'' 
of  them  two  shall  haue  their  proportion  there. 


At  the  Generall  Assembly    or  Court  of   Election  held 
AT  Hartford,  OctobJ"  9:  62. 
Jo:  Winthrop  Esq"",  Go: 
Jo:  Mason  Esq',  Dep:  Go: 

Magestrales  Elecf: 


Mr.  Mathew  Allyn, 
Mr.  Samii  Willys, 
Mr.  Nathan  Gold, 
Mr.  Treat, 
Mr.  Ogden, 
Mr.  Tapping, 


Capt  Talcot,  et  Treas'', 
Mr.  Henry  Woolcot, 
Daniell  Clark,  et  Sec". 
Mr.  Jo:  Allyn, 
Mr.  Baker, 
Mr.  Sherman. 
Deputies : 


Will"»  Wadsworth, 
Joseph  Fitch, 
Edward  Griswold, 
Josias  Hull, 
Samii  Boreman, 
John  Nott, 
Anthony  Howkins, 
Thomas  Judd, 


Mathew  Campfield, 
John  Gregory, 
Nathan"  White, 
Robert  Warner, 
Thomas  Leffingwell, 
Thomas  Tracy, 
John  How'ell. 


Sam"  Smith, 

James  Rogers, 

John  Clarke, 

Robert  Chapman, 

Phillip  Groue, 

Joseph  Judson, 

Cornelius  Hull, 

Sam"  Drake, 

ThePATTENT  or  Charter*  was  this  day  publiquely  read  in 
audienc  of  y^  Freemen,  and  declared  to  belong  to  them  and 
their  successors,  and  y^'  freemen  made  choice  of  Mr.  Willys, 
C:  John  Talcot  and  Lt  John  Allyn  to  take  the  Charter  into 
their  Custody,  in  behalf  of  y^  freemen,  who  are  to  haue  an  oath 

*  The  Charter  bears  date  April  23d,  16f)2,  and  was  probably  received  in  Connecticut  early  in 
September.  The  first  public  exhibition  of  it  seems  to  have  been  made  to  the  Commissioners  of 
the  U.  Colonies,  at  their  Session  in  Boston,  (Sept.  4th-16th,)  when  "  His  Mai'^^  Letters  Pattents 
granted  vnto  several  Gentlemen  of  Coneclicut,  vnder  the  broad  seale  of  England,  was  present- 
ed and  read."  In  a  letter  to  the  Government  of  Rhode  Island,  written  during  the  same  Session, 
the  Commissioners  say,  "  We  have  read  and  p^vsed  a  Charter  of  incorporation  vnder  y'^  broade 
seale  of  England,  sent  over  the  last  ship,  granted  to  some  gentlemen  of  Coneclicut,"  &c.  [Rec. 
of  Oomm'rs.]  A  letter  from  the  General  Court  of  Connecticut  to  the  Commissioners,  dated 
August  30th,  1662,  (in  "  Miscellanies,"  i.  89)  makes  no  reference  to  the  Charter,  but  proposes 
a  special  meeting  of  the  Comin'rs,  in  case  "  any  matters  needfull  to  be  considered  should,  at  the 
return  of  our  Wor.  Governor  and  the  agents  for  the  Massachusetts,  be  presented." 


A 


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-«»" ' 


OF     CONNECTICUT.  385 

administered  to  them  by  the  Generall  Assembly,  for  y^  due  dis- 
charge of  the  trust  committed  to  them, 

[165]  It  is  enacted  and  decreed  by  the  Freemen,  that  y^  Town 
of  Hartford  for  future  shalbe  the  settled  place  for  the  convoca- 
tion of  the  Generall  Assembly,  at  all  times,  vnles  it  be  vpon 
occasion  of  epidemical!  diseases,  sicknes,  or  y^  like. 

The  Generall  Assembly  of  Assistants  and  Deputies  doe  es- 
tablish all  officers  in  this  Collony,  both  civill  and  miletary,  in 
their  respectiue  places  and  power  as  formerly,  vntill  further 
order  be  taken. 

To  ys  respectiue  Constables  : — This  Court  doth  impowre  and 
require  you  forthwith  vpon  y^  receipt  hereof,  to  gather  into  yC 
hands  all  the  corne  due  from  your  Towne,  to  discharge  the 
Countreyes  engagem*  for  y^  Charter.  And  you  are  to  exer- 
cise due  care  to  see  that  you  receaue  2  thirds  Wheat  and  one 
third  Pease,  dry  &  merchantable.  And  in  case  any  person 
fayle  to  pay  at  y^  time  that  you  appoint,  that  then  you  des- 
treine  any  part  of  y^  estate  of  such  person,  wt^^in  doors  or* 
without;  and  y^  same  to  sell  at  such  value  as  may  procure 
corne  to  discharge  their  respectiue  rates.  And  y^  Constables 
are  hereby  authorized  to  hire  or  press  any  persons,  carts,  boats 
or  canooes,  that  may  be  necessary  to  carry  or  transport  the 
Corne  from  y^  severall  Townes  to  y^  vessels  that  are  to  trans- 
port it  to  N.  London.  And  in  case  any  of  the  Constables  in 
ye  respectiue  Townes  shall  fayle  of  their  duty  herein,  their  es- 
tate shalbe  destreined  to  make  good  what  is  expected  to  be  dis- 
charged by  that  Constable.  And  the  Deputies  in  each  Towne 
are  desired  to  excite  the  Constables  to  their  duty  in  what  is  re- 
quired, and  to  see  that  there  be  receipts  taken  from  ye  Pinnace 
Masters  for  the  whole  proportion  of  Corne  for  that  Towne. 
[166]  And  the  Constables  are  to  assigne  ye  Corne  |1  vnto  Mr. 
James  Rogers,  Lt  Samuel  Smith  and  Ens.  Avery,  as  ye  Coun- 
treyes Agents  to  receaue  ye  Corne,  who  are  desired  and  ap- 
pointed to  see  ye  Corne  stor'd  in  ye  Warehouse,  and  also  to  de- 
liuer  it  vnto  such  ship  as  by  order  from  our  Wor^i  Gouernour 
is  to  receaue  the  same,  and  vpon  delivery  of  ye  Corne,  to  take 
vp  the  specialty  or  Bill  from  ye  Shipmaster,  whereby  the  Coun- 
trey  or  Colony  is  obliged. 

This  Court  desires  Mr.  Gould,  Mr.  Campfield,  Mr.  Sherman, 
34 


386  PUBLIC     RECORDS 

or  any  two  of  them,  to  hire  vessells  to  transport  the  Corne  from 
ye  seaside  Townesto  N:  London:  and  Mr.  W™  Wadsworth,  Jon: 
Gilbert,  Joseph  Fitch,  to  hire  vessels  for  this  Riuer. 

And  it  is  ordered,  that  y^  charge  of  transportation  of  y*' 
Corne  to  N:  London,  shall  be  discharged  out  of  ye  Countreyes 
Levy  the  next  Spring.  And  what  loss  or  miscarriage  shal 
happen  by  shipwrack  or  other  accid^s  to  y^  Corne  in  transport- 
[ing]  shalbe  borne  by  the  whole  Colony  in  a  Generall  way. 

This  Court  doth  order  and  declare,  that  the  Seale*  that  form- 
erly was  vsed  by  the  Generall  Court  shall  still  remaine  and  be 
vsed  as  y®  Seale  of  this  Colony  vntill  ye  Court  see  cause  to  y^ 
contrary,  and  the  Secretary  is  to  keep  y®  seale,  and  to  vse  it  on 
necessary  occasions,  for  y®  Colony. 

This  Court  being  informed  by  C:  John  Yong  and  some  other 
Gentlemen   of  quallity,  that  ye    inhabitants  of  Southold,  ye^ 
maior  part  of  them,  haue  sent  up  and  impowred  him  to  act  as 
their  Deputy  ;t  ai^d  he  as  their  Agent,  tending  to  submit  their 
•  [167]  persons  H  and  estates  vnto  this  Gouerment,  according 
[to]  o""  Charter ;  This  Court  doth  owne  and  accept  them,  and 
shalbe  ready  to  afFoard  them  protection  as  occasion  shall  re- 
quire :  and  doe  advise  the  said  Inhabitants  to  repair  to  South 
and  East  Hampton,  to  ye  Authority  there  setled  by  this  Court, 
in  case  of  any  necessary  occasion,  to  require  the  assistanc  of 
Authority.     And  this  Court  doth  hereby  eccept  and  declare  C: 
John  Yong  to  be  a  freeman  of  this  Corporate  and  doe  grant 
him  commission  to  act  in  ye  Plantation  of  Southold  as  need 
requires,  according  to  his   commission.     And  this  Court  doth 
order  ye  Inhabitants  of  Southold  to  meet  together,  to  chuse  a 
Constable  for  that  Towne ;  and  C:  Jo:  Yong  is  authorized  to 
administer  oath  to  ye  said   Constable,  for  ye  due  execution  of 

*  A  fac-siinile  of  ihis  Seal,  (from  an  imiiression  on  wax,  in  the  office  of  the  Secretary  of 
State.)  is  given  on  the  title  page  of  this  volume. 

tThe  letter  from  Southold,  presented  at  this  Session  of  the  Court,  is  as  follows  :  "  Southhold, 
October  4;  1662.  Haueing  notice  from  Mr.  Willis  of  Conetticutt  Jurisdiction,  Long  Island 
comes  within  yi  pattint,  and  allsoe  yt  the  Court  is  to  be  held  att  Hartford,  and  thither  we  ar 
desired  by  Mr.  Willis  to  send  oure  Deputies,  from  these  townes  of  Long  Island  :  we  thearfore, 
of  Southold,  whose  names  are  vnderwritten,  doe  desire,  and  haue  appoynted  0.  John  Youngs, 
toheowre  Deputy  ;  and  doe  hearby  giue  him  full  powreto  speake  and  act  in  oure  behalph,  as 
occasion  shall  serve."  Signed  by  Thomas  More,  John  Tooker,  John  Payne,  John  Budd,  and 
twenty  eight  others.     [Towns  &  Lands,  Vol.  i.  No.  12.] 


OF     CONNECTICUT.  387 

his  office.  And  we  doe  advice  and  order  Cap*  Yong  to  see 
that  ye  Minister  be  duely  paid  his  meet  and  competent  main- 
tenance. 

Severall  inhabitants  of  Guilford  tendring  themselues  their 
p^sons  and  estates  vnder  the  Gouerment  and  Protection  of  this 
Colony,  This  Court  doth  declare  that  they  doe  accept  and  owne 
them  as  members  of  this  Colony,  and  shalbe  ready  to  affoard 
what  protection  is  necessary.  And  this  Court  doth  advise  the 
said  persons  to  carry  peaceably  and  religiously  in  their  places 
towards  the  rest  of  ye  Inhabit'S  that  yet  haue  not  submitted 
in  like  manner.  And  also  to  pay  their  iust  dues  vnto  y^  Min- 
ister of  their  Towne ;  and  also  all  publique  charges  due  to  this 
day. 

This  Court  doth  order  and  hereby  declare  all  y^  Lawes  and 
orders  of  this  Colony  to  stand  in  full  force  and  vertue,  vnles 
any  be  cross  to  y^  Tenour  of  c  Charter. 
[168]  This  Court  doth  order  Lt  Jo:  Allyn  to  shew  Capt  Varlet* 
the  Charter  granted  to  this  Colony,  and  to  informe  him  that  it 
is  desired  by  the  Court  that  the  Honorable  Lord  Stevesant  would 
not  in  any  wise  incumb^  or  molest  his  Mamies  subjects  compre- 
hended wthin  ye  extent  of  our  Pattent,  by  any  impositions,  that 
therby  more  then  probable  inconveniences  may  be  pi^vented.f 

This  Assembly  doth  hereby  declare  and  informed  the  Inhab- 
itants of  Westchester,  that  that  Plantation  is  included  in  ye 

*  Capt.  Nicholas  Varlet  (or  Varleth,)  was  an  officer  in  the  service  of  the  Dutch  W.  I.  Com- 
pany, and  a  brother-in-law  to  Gov.  Stuyvesant.  His  father,  Caspar  Varlet,  resided  at  Hartford, 
(where  be  died,  in  1663.)  A  sister,  Judith  Varlet,  was  afterwards  married  to  Nicholas  Bayard, 
the  son  of  Gov.  Stuy  vesant's  sister.  [Rec.  of  Court  of  Mag.,  iii.  2,  4 ;  Rec.  of  Hoogh  Straat 
church,  in  N.  Y.  Hist.  Coll.,  New  Series,  I.  397.] 

t  Capt.  Varlet  had  presented  to  the  General  Court,  a  letter  from  Gov.  Stuyvesant  (dated  Oct. 
13th  [N.  S.]  1662)  in  which  complaint  was  made  that  "  one  John  Yonge,"  professing  to  act 
under  authority  from  Connecticut,  "had  vndertaken  (as  by  his  seditious  letters  may  appeare,)  to 
diverte  and  revoke  the  English  towns  in  this  province,  vnder  the  protection  of  the  high  and 
mighty  Lords  the  Estaats  Generall  of  the  Vnited  Belgick  Provinces  &  in  the  jurisdiction  of  the 
Right  Honnourable  Lords  of  the  W.  India  Compagnie  settled,  of  their  oath  &  due  obedience 
vnto  vs,  theire  lawfull  Governour."  Gov.  S.  declares  that  these  procedings  of  Capt.  Young,  if 
authorized  or  approved  by  the  government  of  Connecticut,  would  be  regarded  as  "an  absolute 
breatch  and  a  nullification  of  the  agreement  about  the  limits.  Anno  1650,"  and  would  give  just 
ground  to  the  States  General  and  the  W.  India  Company  "  to  demand,  and  by  such  meanes  aa 
they  in  wisdom  shal  thincke  meete,  to  recover  al  that  trackt  of  land  between  Greenwich  and 
the  Fresh  River,"  to  which  they  claimed  a  right  by  prior  purchase  and  possession.  He  requests 
the  General  Court  to  return,  by  the  bearer,  their  "  categorical  answer  over  &  aboue  the  afore- 
mentioned JoJin  Yongs  seditious  doings."     [Colonial  Boundaries,  Vol.  ii.  No.  1.] 


388  PUBLIC     RECORDS 

bounds  of  our  Charter  granted  to  this  Collony  of  Conecticut. 
And  as  it  hath  pleased  his  Matie  thus  to  dispose  of  them,  soe 
we  conceaue  it  most  conduceable  to  their  tranquilUty  soe  to 
demeane  in  all  things  as  may  declare  and  manifest  their  readi- 
nes  to  subiect  to  his  Royall  will  and  pleasure  herein. 

The  next  sett  Gen^i  Assembly  is  to  be  obserued  on  ye  2d 
Thursday  in  May. 

This  Court  doth  hereby  declare  their  acceptanc  of  y^  Plan- 
tations of  Stanford  and  Greenwich  Ynd^  this  Gouerment  vpon 
y^  same  terms  and  provisions  as  are  directed  and  declared  to 
yfi  Inhabitants  of  Guilford.  And  that  each-  of  those  Planta- 
t[ions]  haue  a  Constable  chosen  and  sworne. 

Richard  Vowles  is  made  free  of  this  Corporation,  and  sworne 
to  the  office  of  a  Constable  for  and  within  ye  Plantat^  of  Green- 
wich-, for  ye  yeare  ensueing,  and  vntill  a  new  be  sworne. 

Mr.  Mathew  Allyn,  Mr.  Willys,  Mr.  Stone  and  Mr.  Hooker 
are  chosen  a  Comittee  to  goe  downe  to  I^.  Hauen  to  treat  w*^ 
ye  Gent:  and  others  of  o^  lo:  freinds  there,  according  to  such 
instructions  as  shalbe  directed  to  ye  said  Comittee  by  this  Court. 
[169]  Severall  of  the  inhabitants  at  Southold  accepted  to  be 
made  free  of  this  Colony,  vnles  any  thing  appeare  to  interrupt 
the  same ;  Mr.  Wels,  Thomas  Terrey,  Philemon  Dickerson, 
Goodin  Purrier,  Goodm  Windes,  Barnabas  Horton,  Josph  Hor- 
ton,  Lt  Glouer,  Thomas  Moor  Sen^,  Goodm  Conclin,  Goodm 
Cory,  GoodiiL  Reeues,  Goodin  Mapes,  John  Conclin  Jun"",  Jo: 
Paine,  Rich^d  Browne,  Joseph  Yongs  Sen^,  Joseph  Yongs  Jun"", 
Jer:  Vayle,  Jo:  Curwin,  Richard  Terrey,  Mr.  Elton,  Tho: 
Brush,  John  Bud,  Mr.  Tucker. 

Mr.  Campfield,  Mr.  Gould,  Mr.  Sherman,  are  hereby  appoint- 
ed to  keep  a  Court  at  Fairfield,  when  they  see  cause,  for  issue- 
ing  such  controuersies  as  they  are  capeable  of,  according  to 
the  tenour  of  our  Charter.  Staiiford,  Greenwich  and  West- 
chester haue  liberty  to  improue  the  help  of  ye  Court  at  Fair-, 
field,  to  issue  controuersies  that  may  arise  among  them  for 
future. 

Mr.  Willm  Pitkin  is  desired  and  appointed  as  Attourney  for 
ye  Gener"  Court,  to  prsecute  Thomas  Ford  Senf,  John  Deming 
Sew,  Mrs  J^attimore  and  Thomas  Hurlbut,  at  ye  Pniculer 
Court  to  be  held  at  Hartford  on  Wednesday  next. 


OF     CONNECTICUT.  389 

Persons  admitted  to  be  Freemen,  by  this  Court ; — Mr.  Sam^i 
Talcot,  Will^n  Pitkins,  Nathanii  Goodwin,  Mr.  Tho:  Pell,  John 
Olmstead  &  John  Clarke  Jun"". 

Richard  Vowles  is  admitted  freeman  and  sworne  to  y^  office 
of  a  Constable  for  and  within  the  Plantation  of  Greenwich,  for 
ye  yeare  ensuinge  and  vntill  a  new  be  sworne. 

This  Court  doth  hereby  declare  the  free  remission  of  such 
transgressions  of  the  Lawes  of  this  Colony  as  haue  bene  com- 
mitted by  Monsieur  Varlet  by  retaileing  liquors  in  his  life  time. 

This  Assembly  doth  order,  that  for  y^  future,  such  as  desire 
to  be  admitted  freemen  of  this  Corporation  shal  pi'sent  them- 
selues  with  a  certificate  vnder  y^  hands  of  y^  maior  part 
[170]  of  the  Townesmen  where  they  liue,  that  they  are  pi'sons  of 
civill,  peaceable  and  honest  conversation,  and  that  they  attain- 
ed the  age  of  twenty  one  yeares  and  haue  20/.  estate,  besides 
their  person,  in  the  List  of  estate  ;  and  that  such  persons,  soe 
quallified  to  y^  Courts  approbation,  shalbe  p^sented  at  October 
Court  yearly,  or  some  adiourned  Court,  and  admitted  after  y^ 
Election  at  y^  Assembly  in  May.  And  in  case  any  freeman 
shal  walke  scandalously  or  commit  any  scandalous  offence,  and 
be  legally  convicted  thereof,  he  shalbe  disfranchized  by  any  of 
o''  civill  Courts. 

This  Court  doth  repeale  the  late  order  wherby  the  Troopers 
salery  was  prohibited  and  taken  of 

Robert  Vsher  is  ordered  to  be  sworne  to  y^  office  of  a  Con- 
stable in  Stanford,  for  y^  yeare  ensueing,  and  vntil  a  new  be 
chosen.     Mr.  Campfield  is  to  giue  him  his  oath. 

It  is  ordered,  that  y^  Inhabitants  at  Mistick  and  Paukatuck 
shal  from  henceforth  forbeare  to  exercise  authority  by  vertue 
of  commissions  from  any  other  Colony  ;*  and  that  in  case  of  any 
differences  that  may  arise,  they  repaire  to  C  Wor^-  Dep:  Gou- 
erno''  for  help ;  and  that  they  chuse  a  Constable,  for  the  yeare 
ensueing ;  and  y^  said  Constable  to  repaire  to  C"  Wor^^  Dep: 
Go:  for  his  oath.  And  they  [are]  required  to  pay  vnto  Mr. 
James  Rogers,  Lt  Sami'  Smith  and  Ens:  Avery,  for  and  in  be- 
half of  the  charge  of  o""  Charter,  the  sum  of  Twenty  pounds, 
as  their  Townes  proportion,  two  thirds  in  wheat,  at  4s.,  one  third 

*  See  Appendix,  No.  IV, 

34* 


390  PUBLIC     RECORDS 

in  pease,  at  3s.,  by  y^  last  of  Novemb""  next.  The  Court  or- 
ders L*^  John  Allyn  to  send  a  Warrant  to  Thomas  Stanton  in 
ye  Courts  name,  to  attend  this  ord"",  and  if  he  refuse,  Peter 
Blachford  is  to  gather  the  rate  and  destrein  according  to  former 
order. 

[171]  C.  John  Yong  is  invested  w^h  ye  power  of  a  Perticuler 
Magestrate,  within  ye  Plantat"  of  Southhold,  and  likewise  he 
is  authorizd  to  sit  in  Court  to  assist  the  Magestrates  of  South 
and  East  Hampton. 

It  is  ordered,  that  all  ye  Plantations  that  shalbe  enterteined 
and  embraced  vnder  this  Gouerment,  shal  according  to  ye 
Courts  appointment  pay  their  due  proportion  of  ye  charge  ex- 
pended in  procuring  c  Charter. 

This  Court  orders  ye  Secretary  to  send  to  ye  Plantations  of 
Huntington,  Setauk,  Oister  Bay,  that  they  choose  Constables  in 
their  respectiue  Townes,  and  to  take  their  oaths,  administred 
to  them  by  Capt  Yong  for  the  discharge  of  their  respectiue  offi- 
ces ;  Thomas  Wicks,  at  Huntington,  John  Ketchum,  at  Setauk? 
Mr.  Rigebell,  at  Oister  Bay. 

It  is  ordered,  that  all  ye  Plantations,  on  ye  Island  as  well  as  on 
ye  maine,  shal  attend  ye  established  Law  of  this  Colony  for  ye 
rule  of  Rateing,  vnles  they  mutually  agree  to  ye  contrary. 

C.  Yong  is  desired  to  giue  notice  to  C:  Silvester  and  L* 
Gardner,  w*^  ye  other  Plantations  on  ye  Island,  that  they  at- 
tend the  Generall  Assembly  on  ye  2d  Thursday  in  May  next,  to 
doe  their  duty  to  ye  Court. 

This  Court  appoints  that  Wednesday  come  fortnight  be  set 
apart,  throwout  this  Colony,  for  a  solemne  day  of  Thanksgiue- 
ing  for  ye  mercies  y*  God  hath  extended  to  this  Colony  ye  yeare 
past,  and  p'^ticulerly  for  ye  good  success  God  hath  giuen  to  ye 
indeauours  of  o^  Hon"!  Gouerno''  in  obteineing  o'  Charter  of 
his  Maiestie  c  Soveraigne  ;  as  also  for  his  gratious  answer  of 
C"  pray^  in  ye  late  draught,  in  sending  raine ;  and  for  abate- 
ment of  ye  sicknes ;  and  for  ye  hopes  we  haue  of  settlement 
in  ye  waies  of  peace  and  righteousnes. 

This  Court  declares,  that  Hartford  Traine  Band  shal  haue 
ye  prehemenence  of  all  ye  Companies  in  this  Colony ;  And 
Windsor,  the  2d ;  Wethersfield,  the  3d ;  Then  Farmington. 
This  to  stand  vntill  the  Court  order  otherwise. 


OF     CONNECTICUT.  391 

[172]  This  Court  ordereth,  that  there  shalbe  free  trade  in 
all  places  in  this  Colony.  And  all  former  ord^s  imposeing  Cus- 
tomes,  are  hereby  repealed. 

This  Court  doth  declare  these  persons  hereaft^'  named,  John 
Green,  Richard  Hardey,  Joseph  Mead,  Richard  Webb,  Joseph 
Theed,  Peter  Pheries,  to  be  freemen  of  this  Colony  ;  and  Mr, 
Gould  is  authorized  to  giue  them  ye  oath  of  freedom,  at  y^  next 
Court  in  Fairfield. 

This  Court  doth  order,  that  L*  Seely  shal  haue  Fifteen  pounds 
paid  to  him  out  of  the  Publ:  Treasurie,  &  the  Countrey  house 
set  into  repair  at  Sea  Brook,  and  he  to  hue  in  y^  house  and  to 
take  care  of  y^  Amunition. 

This  Court  doth  order,  yt  a  Levy  of  a  penny  p""  pound  shalbe 
raised  vpon  ye  estate  of  y^  Colony,  and  to  be  paid  in  wheat, 
pease,  Indian  corn  or  porke,  at  currant  price. 

This  Court  grants  Sea  Brooke  Inhabitants  liberty  to  set  vp  a 
Ferrey  at  Tilleyes  Point,  and  to  take  12d.  for  a  man  &  horse, 
and  6d.  for  a  single  person. 

This  Court  orders  each  Town  in  this  Colony  to  chuse  an 
able  Inhabitant  to  y^  office  of  a  Packf,  to  pack  and  repack  all 
such  meat  as  is  sent  forth  of  y^  Townes,  who  shalbe  deposed 
on  oath  to  y^  faithfuU  p^formance  of  their  respectiue  offices ; 
w^h  oath  may  be  administred  by  any  one  Magestrate  or  Com- 
issioner.  He  shall  likewise  haue  a  Brand  or  Seale,  w^^  these 
letters,  C:  R:,  wherwith  he  shall  marke  each  Barrel  y'  he  packs, 
and  for  his  paines  he  is  to  haue  8c?.  p''  Barrell. 

The  Treasurer  is  required  to  cause  the  severall  Townes  to 
levell  or  ballance  what  is  behind  of  their  Levies,  or  require  the 
fines  of  ye  Constables,  and  destreine  it  of  them  by  the  Mar- 
shall. 

Mr.  Willys  and  Mr.  Wadsworth  are  appointed  to  audit  the 
Treasurers  Accounts. 

This  Court  grants  to  Ens:  Olmstead,  of  Hartford,  a  farme  of 
300  acres  of  vpland  and  40  acr^  of  meadow,  if  it  be  to  be  had 
at  20  Miles  Riuer,  in  y"  way  to  Moheag  &  N:  London. 

This  Court  is  adjourned  vntil  ye  2d  Wednesday  in  March, 
vnles  or  Worpii  Go;  return  and  see  cause  to  call  the  Assembly 
sooner. 


392  PUBLIC      RECORDa 

[173]     At  a  GenII  Assembly  held  at  Hartford,  March 

11,  16||. 
Dep:  Gou"':  Major  Mason. 
Assistants : 
Mr.  Willys,  Mr.  Woolcot, 

Mr.  Math:  AUyn,     Mr.  Clark,  et  Sec\ 
Mr.  Treat,  Mr.  Jo:  Allyn. 

Mr.  Talcot, 
Deputies :     Will^    Wadsworth,    Joseph  Fitch,    Edward 
Griswold,  Josias  Hull,  John  Nott,  Samii  Boreman,  James 
Rogers,  L*  Sam^i  Smith,  Thomas  Tracy,  Hugh  Calkin, 
Antho:  Howkins,  Thomas  Judd,  Nathaneel  White. 
It  is  ordered  by  this  Court,  that  after  ye  publication  hereof, 
there  shalbe  free  liberty  of  transporteinge  Corne  out  of  this 
Riuer,  and  the  former  restreint  is  hereby  repealed. 

It  is  ordered,  that  each  Towne  in  this  Col:  shal  pay  for  y^ 
transportation  of  their  proportion  of  the  Pattent  Rate,  to  N: 
London.  Each  Town  is  to  discharge  the  costs  of  their  owne 
Corne. 

Cap*  Jno  Talcot,  Mr.  Jo;  Allyn  and  Thomas  Tracy  are  ap- 
pointed to  audit  the  accounts  of  James  Rogers  and  L*  Smith, 
respecting  the  Pattent  Corne. 

This  Court  haueing  duely  considered  the  valuation  of  y^  es- 
tate of  N:  London,  apprized  by  Cary  Latham  and  William 
Douglas,  doe  judge,  that  they  haue  not  attended  any  rule  of 
Righteousnes  in  their  worke,  but  haue  acted  very  corruptly 
therein,  and  therfore  doe  order  the  Treasurer  that  he  send  forth 
his  Warrant  to  ye  Constable  of  N:  London,  to  levy  Four  pounds 
vpon  ye  estate  of  Cary  Latham,,  and  Two  pounds  vpon  Mr. 
Douglas  his  estate,  as  a  fine  for  their  corupt  and  deceatfull  act- 
ings therein,  and  fourty  shillings  more  vpon  Lathams  estate, 
for  neglecting  to  meet  w^h  ye  Coma's  on  y^  Riuer,  according  to 
order ;  w^i  fines  shalbe  to  y^  publ:  Treasury.  And  they  doe 
further  order  the  Treasurer  to  send  forth  his  Warrant  to  y^  Con- 
stable of  N:  London,  to  levy  a  Rate  of  a  penny  p""  pound  vpon 
Eight  thousand,  fiue  hundred  pound  estate,  w^h  yy  judge  to  be 
at  least  y^  estate  of  N:  London.  And  doe  desire  the  said 
Towne  of  N:  London  to  be  more  carefull  in  their  choyce  of 
List  makers,  for  the  future. 


OF      CONNECTICUT.  393 

It  is  ordered,  that  each  Miller  in  this  Collony,  or  owner  of 
Mill,  shalbe  allowed  for  grinding  of  each  Bushell  of  Indian 
Come,  a  twelf  part,  and  of  other  graines,  a  sixteenth  part ;  pro- 
vided that  this  order  shal  noe  way  preiudice  or  nullify  any 
agreem'  made  in  any  Towne,  respecting  grinding. 
[174]  This  Court  doth  herby  declare,  that  the  Treasurer  shall 
not  allow  of  the  account  pi^sented  by  ye  Constables  at  Stratford, 
for  searcheing  for  the  Collonels,  w^h  sum  amounts  to  6/.  17s. 
Old.  as  ye  Account  specifieth. 

This  Court  hath  granted  vnto  John  Gilbert,  one  acre  and 
half  of  land  lying  between  the  land  of  Cap*  Richard  Lord  and 
ye  land  of  C.  John  Cullick ;  and  also  one  acre  of  land,  more 
or  less,  lying  at  ye  landing  place  on  the  Rivulet ;  both  parcels 
being  or  lying  in  ye  South  meadow  at  Hartford.  And  the 
Court  doth  order  John  Gilbert  to  pay  vnto  the  Treasurer,  for 
ye  Countreyes  vse.  Ten  pounds,  for  and  in  consideration  of  the 
two  acres  and  halfe  of  land  granted  him  by  this  Court. 

This  Court,  vnderstanding  that  there  is  much  inconvenience 
doth  yearly  ensue  vpon  the  Constables  defects  in  not  gathering 
the  Countrey  Levies  and  makeing  payments  according  to  the 
Treasurers  order,  vnder  pretence  of  a  liberty  to  make  vp  their 
accounts  by  the  Court,  in  Octob""  yearly,  Doe  therefore  order, 
that  the  Constables,  for  the  future,  intherespectiue  Plantations, 
shal  gather  their  proportion  of  the  Countrey  rate  and  make 
payment  therof,  according  to  order,  by  the  Quarter  Court  in 
June  in  each  yeare,  vpon  the  penalty  'of  Fourty  shillings  fine 
for  every  defect  herein,  and  they  are  also  ordered  to  make  vp 
their  accounts  w^h  ye  Treasurer  according  to  former  order,  by 
October  Court  yearly,  vpon  penalty  of  40s.  fine  for  every  defect 
herein.  And  the  Treasurer  is  hereby  authorized  to  send  forth 
his  Warrant  to  destreine  the  estates  of  the  respectiue  Consta- 
bles, for  the  payment  of  the  fines  imposed  for  the  breach  of 
this  order. 

The  conveyance  of  nine  miles  square  made  by  Onkos  w**" 
other  Indians,  to  Norwich  Plantation,  is  ordered  to  be  recorded, 
with  this  proviso,  that  it  shal  not  preiudice  any  former  grant  to 
o''  Wor^i  Gouerno""  or  others. 

Thomas  Tracy  and  L*  Sam'i  Smith  giue  oath  in  Court,  in 
referenc  to  laying  out  the  bounds  of  ye  Town  of  New  Lon- 
don, that  from  ye  end  of  ye  eight  miles,  the  measurer  run  a 


394  PUBLIC      RECORDS 

west  line  to  y"  Riuer  and  there  they  markt  a  tree  agaynst  the 
north  end  of  Vnkos  his  fort. 

[175]  In  answer  to  y^  request  of  John  Bissel  Jun"",  the  Court 
doth  impower  the  Assistants  at  Windsor  to  agree  for  and  with 
another  ferryman  to  keep  the  Countrey  Ferry,  and  when  they 
haue  p'vided  a  sufficient  man,  and  not  before,  this  Court  doth 
release  John  Bissell  of  his  engagment  for  keeping  the  Ferrey. 

This  Court  by  their  vote  gaue  liberty  to  Mr.  Pitkin  to  be  a 
Councelour  to  plead  for  Thomas  Burnam  in  his  appeale  to  this 
Court.  They  also  ordered  Mr.  Pitkins  to  g'iue  in  al  the  cheif 
heads  of  his  plea  before  he  begins  to  plead  vpon  the  said  ap- 
peale. 

Mr.  Pitkins  affirmes  in  Court,  if  he  haue  not  liberty  to  make 
new  plea  besides  what  were  made  in  the  Perticuler  Court,  he 
wil  throw  vp  the  case  and  make  noe  more  plea  in  it.  Mr.  Pit- 
kins recals  his  words,  and  y^  Court  passeth  them  by  and  fully 
remits  them. 

This  Court  hereby  declareth  their  approbation  and  confirma- 
tion of  the  purchase  of  the  Town  of  Farmington,  of  Fifteen 
acres  of  meadow  of  Thomas  Wels  Esq"",  deceased,  bounded 
by  the  Riuer  north,  Mr.  Newton  east,  Mr.  Howker  and  John 
Root  Sen"",  southwest. 

In  reference  to  Thomas  Burnams  appeale,  the  Court  doth 
iudge,  that  y^  Court  of  Magestrates  had  sufficient  ground  to 
call  ye  said  Burnam  to  account  for  his  actings  in  those  matters 
obiected  agaynst  him  ;  and  doe,  secondly,  approue  of  the  P^tic- 
uler  Courts  examination  of  Thomas  Burnam,  in  referenc  to 
those  things  charged  agaynst  him  before  his  accusation  was  stat- 
ed agaynst  him  in  Court.  Sly.  This  Court  doth  approue  of  the 
manner  of  y®  Perticuler  Courts  proceeding  w*h  Thomas  Burn- 
am, after  his  accusation  was  stated,  as  wel  as  before.  4.  Respect- 
ing the  sentence  itself,  passed  vpon  Thomas  Burnam  by  the 
Pi^ticuler  Court,  this  Assembly  doth  approue  of  the  sentence  of  the 
said  Court  and  see  noe  cause  to  make  any  alteration  thereof. 

This  Court  doth  approue  of  what  y^  Magestrates  haue  done 
formerly,  vpon  a  fame  or  report  of  misdemeanour,  in  calling 
the  persons  suspected  of  delinquency  before  them,  and  in  ex- 
amining the  case  and  testimonies,  and  doe  hereby  authorize  the 
respectiue  Assistants  of  this  Colony,  for  the  future,  vpon 
rumours  and  fames,  to  act  as  aforesaid,  and  in  case  the  delin- 


OF     CONNECTICUT.  395 

[176]  quency  appear  ||  sufficiently  proued,  they  may  pass  to 
sentence,  according  to  Law. 

It  is  ordered  by  this  Court,  that  in  case  any  person  in  this 
Colony  shalbe  convicted  and  s;entenced  by  the  P'"ticuler  Court 
for  a  misdemeano"",  and  shal  enter  an  appeale  therein  to  y^  Gen- 
erall  Court,  and  by  the  judgment  of  y"  said  Gen^  Court  the 
said  appeale  be  found  to  be  causeles,  the  person  appealing  as 
aforesaid  shal  pay  Fine  pounds  to  y^  Publ:  Treasury.  And  noe 
person,  in  case  of  delinquency  of  this  nature,  shal  haue  liberty 
of  an  Atturney  to  mannadge  his  case  in  any  of  o''  civil  courts. 
This  Court  doth  vpon  due  consideration  repeale  the  order 
remitting  Customes  for  Wines,  Liquors  etc.,  and  doe  establish 
the  former  order  requireing  the  said  Customes. 

This  Court  ord^s,  that  Mr.  Steels  Bill  of  15/.  baring  date  30th 
of  May,  1654,  be  deliuered  vp  toy^  ouerseersof  Thomas  Wells 
Esq''  deceased,  for  y^  vse  of  Mr,  Fish,  they  paying  vnto  Anthony 
Howkins  the  sum  of  Twelue  pounds,  he  haueing  proued  in 
Court  a  promis  of  Mr.  Wels  to  ad  to  the  said  Howkins  his 
wiues  portion,  in  case  her  first  husband  Thomas  Thomson  had 
any  estate  come  from  England,  and  he  hath  made  appeare  that 
the  said  Thompson  had  to  y^  value  of  30/.  come  from  England 
since  this  engagement. 

This  Court  doth  hereby  impower  Mr.  Obadiah  Bruen  to  ad- 
minister the  oath  of  a  Constable  to  those  yt  are  chosen  Con- 
stables for  the  Township  of  N:  London  for  this  yeare  ensueing. 
This  Court  doth  recomend  it  to  y^  consideration  of  the 
Towne  of  Hartford,  that  they  would  speedily  consider  of  some 
way  to  ease  the  Widdow  Lord  of  her  coilion  fence,  it  appear- 
ing to  them  yt  she  is  burthened  by  mainteineing  it  hitherto. 

Thomas  Bull,  Thomas  Bunc  and  James  Steel  are  to  considi^ 
of  her  greivance  and  report  their  considerations  to  y^  Court  in 
May  next. 

This  Court  doth  grant  vnto  John  Adams,  300  acres  of  land, 
at  yp-  place  where  his  father  Adams  took  vp  land  in  y^  way  to 
N:  London,  whereof  thirty  acres  of  meadow  ioyneing  to  his 
father  or  Nicholas  Olmsted.  He  relinquisheth  his  right  at  Fair- 
field. 

This  Court  grants  the  bounds  of  Middletown  to  extend  four 
miles  to  y^  South  from  y^  meeting  house,  and  fine  miles  from 


396  PUBLIC     RECORDS 

ye  said  house,  westward ;  three  miles  from  ye  Great  Riuer, 
eastward. 

[177]  This  Court  hath  voted  and  desired  the  Dep:  Gouernor, 
Mr.  Math:  AUyn,  Capt  John  Talcot  and  L*  Jo:  Allyn,  and  for 
a  reserue  to  y^  Maior,  Mr.  Willys,  as  a  Comittee  to  goe  downe 
to  N:  Hauen,  to  treat  w^ii  o''  Hono'"'!  and  Lo:  freinds  about  set- 
ling  their  vnion  and  incorporation  w^^  this  Colony  of  Conect: 
And  in  case  the  Comittee  cannot  effect  an  vnion,  according  to 
instructions  giuen  them  by  the  Court,  that  then  they  indeauour 
to  settle  a  peace  in  the  Plantations  vntil  such  time  as  they  and 
we  may  be  in  a  further  capacity  of  issueing  this  difference,  and 
to  act  in  referenc  herevnto  as  they  iudge  most  meet. 

William  Wadsworth  and  John  Deming  Sen^  are  allowed  p^ 
the  Court,  hue  pounds  a  peice  for  their  care  and  paines  in  ouer- 
sight  of  Mr.  Wels  his  estate. 

The  Magestrates  ord""  Sam^i  Boreman  to  deliuer  the  little 
Bible  and  a  paper  book,  vnto  Amos  Williams,  w^h  was  giuen  to 
him  by  his  mother,  and  that  he  and  Will™  Goodrich  distribute 
the  estate  to  y^  Creditors. 

This  Court  doth  grant  liberty  to  Sam^^  Marshall  to  sell  hquors 
by  retaile,  but  not  to  suffer  any  liquors  to  be  drunk  in  his  house. 

It  is  ordered,  that  in  case  the  Comittee  doe  not  issue  an 
agreem*  w^^  N.  Hauen  Gent:  according  to  their  instructions, 
before  their  returne,  that  then  all  propositions  and  instructions 
from  ye  Court,  respecting  vnion  w^^  that  people,  are  void  and 
of  none  effect. 

This  Court  allowes  vnto  Mr.  Rosseter,  Twenty  pounds,  in 
reference  to  openinge  Kellies  child,  and  his  paynes  to  visit  the 
Dep:  Gouerno'',  and  his  paynes  in  visiting  and  administring  to 
Mr.  Talcot.  Of  this  Twenty  pounds,  he  hath  already  receaued 
llZ.  Is.  4:d.  He  is  to  make  noe  further  demands  of  any  pi^tic- 
uler  pi'sons. 

It  is  ordered  by  this  Court,  that  the  Customasters  formerly 
established  by  the  Generall  Court  in  the  respectiue  Townes 
shal  attend  the  worke  formerly  appoynted  to  them  by  order  of 
the  Court,  and  that  each  Custome  master  shal  giue  an  account 
at  Pctober  Court  yearly  to  ye  Treasurer,  of  what  Customes 
they  receaue,  and  if  any  Custome  master  shal  neglect  to  giue 
an  account  as  aforesaid,  he  shal  pay  40s.  for  every  such  neglect? 


OF     CONNECTICUT.  397 

w^h  the  Treasurer,  shal  by  Warrant  destreine  from  y^  delin- 
quent. 

[178]  This  Court  doth  order  that  in  y^  vacancy  of  the  sitting 
of  the  Generall  Court,  there  shalbe  a  Council!,  consisting  of  the 
Assistants  here  on  the  Riuer,  or  such  as  can  convene,  to  y^ 
number  of  fiue  at  least,  to  act  in  emerg*  occasions  that  con- 
cerne  y^  welfare  of  this  Colony.  And  hereby  doe  authorize 
the  said  Councill  to  act  in  all  necessary  concernments,  both 
miletary  and  civill,  according  as  the  pi'sent  exegents  require 
and  call  for. 

Mr.  Willys  and  Will™  Wadsworth  are  appointed  to  be  a 
Comittee  to  order  and  dispose  all  matters  to  issue  the  busines 
about  the  Pattent  Rate,  and  to  order  the  repaying  of  Wheat 
borrowed  from  severall  p^sons  for  the  Countreys  vse. 

This  Court  doth  disallow  of  Sea  Brook  Constables  Acco*  of 
charges  for  witnesses  respecting  Jennings,  and  doe  not  see 
cause  to  allow  the  witnesses  pay  for  their  time  and  travaile,  nor 
to  any  other  vpon  such  accounts  for  y^  future. 

This  Court  doth  order  the  Marshall  to  goe  downe  to  Sea 
Brook,  and  to  destrein  the  sum  of  Fifty  pounds  of  the  estate  of 
Reynold  Marvin,  for  y'  w^h  y«  Countrey  should  haue  receaued 
of  the  said  Reynold  for  horses  that  he  was  ordered  to  seek  vp 
to  be  sold,  and  for  neglect  in  attending  their  ord""  herein.  And 
respecting  a  mare  w^^  the  increase,  that  Rob*  Chapman  hath, 
belonging  to  y^  Countrey,  the  Marshal  is  ordered  to  seize 
on  her,  w'^^  y^  increase,  or  in  want  of  her,  soe  much  of  Chap- 
mans  estate,  if  he  giue  not  an  account  of  the  sale  of  y®  mare 
according  to  y®  Treasurers  order.  And  what  estate  y^  Mar- 
shall doth  receaue  or  destrein,  he  hath  power  either  to  bring  it 
vp,  or  to  order  prudently  that  it  may  be  paid  to  y^  Treasurer 
or  his  order. 

The  Town  of  N:  London  is  to  discharge  the  acco*  of  Thomas 
Tracy,  at  Georg  Tongs,  for  w^  he  expended  in  laying  out  N: 
London  bounds. 

This  Court  doth  appoint  Capt:  Nubery,  Edward  Griswold 
and  John  Moore  to  be  as  a  Comittee,  and  hereby  they  are  im- 
powred  to  lay  out  all  those  lands  that  ax-e  yet  vndevided  at 
Mussaco,  to  such  inhabitants  in  Windsor  as  desire  and  need  it. 
[179]     This  Court  doth  declare,  thai  it  is  theire  mind  that  the 

35 


398  PUBLIC      RECORDS 

Marshal  haue  allowed  him  for  every  mile  he  goeth  to  serue  an 
execution  or  attachm*,  four  pence  forward  and  fourepence 
homeward.  And  this  they  iudge  to  be  the  intent  of  the  former 
order  respecting  the  Marshals  fees. 

This  Court  vnd''standing  that  the  hand  of  God  is  gone  out 
agaynst  the  people  at  New  Netherlands,  by  pestilentiall  infec- 
tions, doe  therfore  prohibit  all  persons  for  comeing  from  any  of 
those  infectious  places  into  this  Colony  and  amongst  o^"  people, 
vntil  y®  Assistants  are  informed  and  satisfied  that  the  distemp^ 
is  allayed  ;  and^  that  whoeuer  breaks  this  order  shal  pay  Fiue 
pound  fine  to  y^  publ:  Treasury.  And  if  any  person  shal  bring 
a  vessell  from  thenc  and  land  their  men  or  goods  in  any  har- 
bour in  this  Colony,  the  Master  of  y^  vessell  shal  forfeit  Ten 
pounds  to  y^  Publ:  Treasury.  And  y®  Constables  in  each 
Town  are  hereby  required  and  authorized  to  distrein  the  fines 
of  such  as  transgress  this  order.  And  whoeuer  of  o""  people 
shal  goe  aboard  any  such  vessell  he  or  she  shal  pay  fiue  pounds 
to  y^  Treasury  for  euery  such  ofTenc.  The  Constables  in  each 
Town  are  to  informe  the  Masters  of  vessels,  of  this  order. 

These  vnd^^written  are  voted  to  be  put  to  nomination  at  ye 
next  Court  of  Election,  in  May ;  Mr.  Campfield,  Edward  Gris- 
wold,  Mr.  Bond. 

This  Court  doth  establish  and  ratifie  the  former  order  sent 
out  by  the  Assistants  respecting  the  Indians,  in  regard  of  y^  in- 
fection of  y^  Pox. 


[180]     At  a  Generall  Assembly  of  Election,  held  at 
Hartford,  May   14,  1663.* 
Magistrates  elected  : 
John  Winthrop  Esq"^,  Gouern''. 
John  Mason  Esq^  Dep:  Gou'. 
Mr.  Mathew  Allyn,  Mr.  Danii  Clarke,  et  Sec'y, 

Mr.  Samii  Willys,  Mr.  John  Allyn, 

Mr.  Nathan:  Gould,  Mr.  Baker, 

Mr.  Rich:  Treat,  Mr.  Shermon, 

•  The  record  of  this  and  the  subsequent  sessions,  as  far  as  published  in  this  Volume,  are  in 
the  band  writing  of  Mr.  John  Allyn. 


OF     CONNECTICUT.  399 

Cap*  Thomas  Toppin,  Mr.  Howell, 

Cap'  John  Talcot,  et  Treasurer.     Mr.  Thirstan  Rayner. 

Mr.  Woolcott, 

The  freemen  vote  that  the  Generall  Assembly  shall  choose 
Comissioners  for  this  Corporation  for  the  year  ensuing. 

Deputies  : 
Mr.  Wadsworth,        Jehue  Burr,  James  Rogers, 

Mr.  Fitch,  Cornelius  Hull,  James  Morgan, 

Cap'  Nubery,  Richard  Olmsteed,      Hugh  Caulkin, 

Lnt  Walter  Fyler,      John  Gregory,  Thomas  Tracy, 

John  Nott,  John  Clarke,  Joshua  Barnes, 

Sam^i  Boreman,  Robert  Chapman,        Philip  Groues, 

Anthony  Howkins,    Robert  Warner,  Joseph  Judson, 

Thomas  Judd,  Nath:  White, 

This  Court  doe  make  choice  of  o""  Honoured  Gouernour  & 
Capt  John  Tallcott  to  be  Comissioners  for  this  Colony,  for  the 
year  ensueing,  and  L^t  John  Allyn  is  chosen  as  a  reserue  to 
Capt  John  Tallcott,  and  ye  Secrefy  Mr.  Danii  Clarke  to  be  a 
reserue  to  o""  Honoured  Gouernour,  to  attend  that  seruice,  if  the 
Comissioners  by  accident  faile  of  goeing. 

This  Court  being  sencible  of  the  great  charge  that  this  Colo- 
ny is  at,  by  the  Perticuler  Courts  attending  the  tryall  and  issue- 
ing  of  those  differences  and  actions  as  are  presented  to  their 
consideration,  doe  therefore  order,  that  for  the  future,  whateuer 
actions  are  coinenced  to  be  tryed  by  a  Jury,  and  are  not 
w'^drawn  one  day  at  least  before  the  Court,  there  shall  be  payd 
for  euery  such  action  six  shillings,  (besides  what  is  due  by  order, 
to  the  Secrefy  &.  Jury,)  for  the  use  and  improuement  of  the 
Court  that  tries  the  cases,  for  the  discharge  whereof  the  plaintife 
shall  procure  a  receipt  under  the  hand  of  that  ordinary  keeper 
or  inhabitant  that  prouides  for  the  Court,  which  receipt  shall  be 
deliuered  unto  y^  Secretary  or  Recorder  of  the  Court,  wherby 
the  Court  may  be  sattisfyed  that  they  haue  credit  giuen  for  so 
much  w"i  the  sayd  ordinary  keeper.  And  there  shall  be  in  like 
manner,  two  shiUings  allowed  for  each  action  that  is  to  be  issued 
by  the  Magistrates  or  Commissioners.  And  likewise,  whateuer 
fine  is  imposed  by  any  Court  for  delinquency  in  any  person, 
there  shalbe  so  much  of  the  fine  abated  from  the  Publique 
[181]  Treasurie  as  may  fully  compleat  the  discharge  ||  of  the 


400  PUBLIC     RECORDS 

Courts  expences,  w^h  the  ordinary  keeper  or  inhabitant  that 
prouides  for  them. 

There  being  complaint  made  to  this  Court  of  the  unsetled 
state  of  the  plantation  of  Sowth-hold,  by  the  ill  cariage  of 
seuerall  persons  there,  This  Court  haue  therefore  desired  and 
appoynted  the  Worpii  Mr.  Mathew  Allyn  and  Mr.  Willys,  to 
goe  to  Long  Island,  to  tak  in  assistance  of  the  Magistrates  at 
Long  Island,  in  setleing  affayres  at  Sowth-hold,  and  in  examin- 
ing the  case  respecting  Mr.  Wells  his  reuolt  since  he  took  oath 
to  this  Gouerment ;  and  any  other  matters,  either  in  setleing 
the  peace  of  that  Plantation  or  proceding  against  such  as  mis- 
demeane  themselues,  according  to  their  deserts. 

Mr.  Bond  is  chosen  Comissioner  by  this  Court,  and  he  is 
hereby  inuested  w^h  magistraticall  power  on  the  Island. 

It  is  ordered,  that  three  pownds  be  allowed  to  the  three  Plan- 
tations of  Stratford,  Fayrefeild  and  Norwalke,  towards  the 
charge  of  the  transportation  of  their  Corne  to  New  London, 
which  sume  shall  be  allowed  out  of  the  next  Country  Rate,  and 
that  the  rest  of  the  charge  for  those  Townes  be  payd  by  the 
sayd  Townes  according  to  order  of  Court  in  March  last,  which 
is  to  be  aded  to  the  proportion  of  the  country  rate  imposed 
upon  those  three  Townes. 

This  Court  doth  order,  that  the  charge  of  keeping  Court 
since  March,  61-62,  w^iun  the  plantations  of  Fayrfeild,  Stratford 
and  Norwalke,  which  remaines  yet  to  be  sattisfyed  for,  It  shall 
be  borne  by  the  Colony  in  a  generall  way.  The  cost  of  the  last 
Court  held  at  Stratford  is  comprized  in  this  order.  And  this 
Court  doth  order  and  hereby  graunt,  that  there  shall  be  liberty 
to  keep  Court  at  Fayrfeild,  for  the  plantations  on  the  seaside, 
once  a  year,  unles  exterordinary  occation  call  for  one  more  in 
the  year.  The  time  of  their  sett  Court  is  the  first  Wedensday 
in  Nouember  yearly. 

This  Court  doe  order  &  appoynt  Mr.  Bruen,  Mr.  Chapman 
and  John  Smith,  of  New  London,  a  Committee  to  hear  and  de- 
termine the  differences  betwixt  the  Indians  at  Niantick  and  the 
English,  respecting  burning  their  fence,  or  any  other  complaints 
presented  to  them  respecting  those  Indians. 

This  Court  doth  impower  Mr.  Toppin,  Mr.  Gould,  Mr.  Sher- 
mon  and  Mr.  Howell  as  a  Comittee  to  hear  and  consider  the 


OF     CONNECTICUT.  401 

busines  respecting  Hamonossitt,  and  to  make  reporte  of  their 
considerations  to  ye  Court ;  and  likewise  the  case  of  the  horss 
in  Nicholas  Clarkes  hand  is  left  according  to  the  premises  to 
the  consideration  of  the  sayd  Comittee. 

This  Court  doth  determine  that  Jonathan  Gilberds  Butt  of 
Wine,  seazed  for  the  Countrey,  to  be  according  to  the  lawe 
established  forfeited  to  the  Countrey. 

This  Court  doth  establish  Jeramie  Adams  to  be  Custome 
Master  for  Hartford,  and  the  liberty  graunted  unto  Jonathan 
Gilbert  by  the  Perticuler  Court,  is  repealed,  respecting  custome- 
ing  his  owne  wines,  liquers,  &c. 

Whereas  this  Court,  upon  the  request  of  Heniy  Walkely, 
Attourney  to  James  Wakely,  to  release  the  sayd  Henry  from 
£182]  attending  the  order  ||  of  the  Court  respecting  the  sayd 
estate,  these  are  to  declare  that  this  Court  doth  release  the  sayd 
Henry  from  attending  the  sayd  order,  and  haue  returned  to 
him  the  letter  of  attourney  granted  unto  him  from  James 
Walkely,  and  the  estate  remaines  to  be  ordered  according  as 
the  Perticuler  Court  haue  prouided. 

This  Court  doth  determine  that  the  land  at  Homonoscitt 
doth  not  of  right  belong  unto  the  Towne  of  Seabroke. 

This  Court  doth  remitt  y^  Butt  of  Wine  to  Jonathan  Gilbert 
that  was  seized  on  of  his,  in  behalfe  of  y  Countrey,  &  the 
Marshall  doth  engage  to  pay  the  Custome  &  to  pay  20s.  towards 
ye  expence  that  hath  been  occasioned  therby  to  y^  Countrey. 

Wm.  Edwards  charge th  Mr.  Daniell  Clerk,  for  breach  of  his 
oath,  unfaithfuUnesse  in  y^  great  trust  committed  to  him  by  the 
freemen  of  this  Corporation,  to  the  dishonour  of  God,  infring- 
ment  of  ye  royall  perogatiue  of  our  Soueraign  Lord  the  King, 
contempt  of  ye  authority  established  in  this  Corporation,  & 
_abuse  of  the  members  of  ye  same,  to  such  censure  as  he  shall 
make  appeare  according  to  the  lawes  established  in  this  Corpo- 
ration. 

Mr.  Anthony  Hawkins  is  chosen  Commissioner  for  ye  Towne 
of  Farmington,  and  sworn  in  Court;  Cap*  Seely  is  chosen 
Commissioner  for  ye  Towq  of  Huntington  and  sworn  in  Court; 
and  also,  Mr.  Jonas  Wood  is  chosen  a  Commissioner  for  the 
said  Towne,  and  Cap*  Seely  is  to  giue  him  his  oath. 

35* 


402  PUBLIC     RECORDS 

Cap'  John  Young  is  chosen  Commissioner  for  the  Town  of 
South  hold,  and  sworne  in  Court ;  and  Barnabas  Horton  is  also 
chosen  a  Commissioner  for  Southhold,  and  Cap*  Young  is  to 
administer  the  oath  unto  him. 

This  Court  hath  chosen  Mr.  Bruen  and  John  Smith,  Com- 
missioners for  ye  Town  of  New  London,  and  the  Worship^! 
Major  Mason  is  by  this  Court  requested  to  administer  the  Com- 
missioners oath  unto  them. 

These  may  sertify  that  we  Richard  Olmstead  and  Joseph 
Judson  and  John  Banks,  being  appoynted  by  the  Generall  Court 
at  Hartford  to  run  the  line  between  Stratford  and  Fairefeild, 
we  accordingly  haue  begun  at  the  usuall  place  agreed  upon  by 
ye  two  Townes,  and  haue  run  almost  two  poynts  from  the 
North  poynt  towards  the  Norwest,  and  run  and  measured  to 
the  extent  of  twelue  miles,  and  also  haue  run  the  due  cross  line 
at  the  end,  which  line  runs  on  the  South  side  of  a  spruse 
swamp  commonly  called  Monhantik,  and  so  ends  at  the  mouth 
of  y^  Brook  commonly  called  by  the  English  the  half  way 
Brook,  being  aboue  Pagasitt.  Witnesse  our  hands,  this  22  of 
Nouember,  1062.  Richard  Olmstead,  Joseph  Judson, 

Joseph  Banks. 

This  was  ordered  by  the  Court  to  be  recorded  in  the  Records 
of  the  Court, 

This  Court  orders,  that  Dorathy  Lord  shall  maintaine  so 
much  fence  (and  no  more)  as  doth  belong  to  that  proportion  of 
meadow  as  was  graunted  to  her  and  her  husband  by  graunt 
from  ye  Towne  of  Hartford. 

This  Court  repeals  the  order  prohibiting  commerce  w'h  the 
people  in  or  about  the  Manhatoes. 

[183]  The  differences  at  Southhampton  about  the  land  at 
Quaganantick,  is  referred  to  the  determination  of  the  Court  in 
May  next,  and  they  are  to  improue  the  mowing  land  as  former- 
ly, till  the  case  be  issued. 

This  Court  orders,  that  no  person  in  this  Colony  shall  buy, 
hire  or  receiue  as  a  gift  or  mortgage,  any  parcel  of  land  or 
lands  of  any  Indian  or  Indians,  for  the  future,  except  he  doe  buy 
or  receiue  the  same  for  the  use  of  the  Colony  or  the  benefitt  of 
some  Towne,  with  the  allowance  of  the  Court. 

This  Court  doth  inuest  Capt  John  Young  and  the  rest  of  the 
Commissioners  on  the  Island,  with  Magistraticall  power  upon 
the  Island. 


OF    CONNECTICUT.  403 

This  Court  doth  order,  that  all  that  are  Freemen  upong  Long 
Island,  and  haue  not  taken  the  oath  of  a  Freeman,  shall  haue 
the  oath  of  a  Freeman  administred  to  them  by  the  Magistrates 
and  Commissioners  of  the  Island,  or  any  two  of  them. 

This  Court  haueing  heard  and  considered  the  controuersie 
between  Leiu*  Rob:  Sealy  and  the  Town  of  Stratfoi'd,  doe  judge 
that  the  Towne  of  Stratford  shall  pay  unto  the  said  Sealy  25/. 
in  some  currant  pay,  and  he  to  make  ouer  all  his  right  and  title 
in  the  lands  there,  to  the  said  Towne,  whether  his  right  there 
be  fro  gift  of  the  Towne  or  Indians  or  any  other  wayes;  and 
this  to  be  a  finall  issue  of  the  controuersie,  each  man  bearing  his 
owne  charge. 

This  Court,  haueing  presented  to  their  consideration  the  tur- 
belent  carriage  of  Rich:  Latten,  doe  order,  that  in  case  the  said 
Latten  do  not  depart  the  Towne  of  Huntington  by  October 
next,  he  shall  be  summoned  to  appear  to  answer  the  complaint 
of  the  said  Towne,  at  October  Court ;  and  the  Commissioners 
are  to  take  the  testimonyes  that  concern  the  complaint,  and 
send  them  up  w^^  the  said  Latten  to  the  Court. 

The  Court  chose  Mr.  Willys,  Mr.  Gould,  Capt  Tallcott  and 
Cap^  Young  as  a  Comitte  to  consider  and  draw  up  there 
thoughts  and  apprehensions  conserning  the  setlement  of  West- 
chester &  Stanford,  and  make  return  to  the  Court. 

This  Court  doth  declare,  that  notwithstanding  the  uncomfort- 
able debates  that  haue  been  respecting  the  Major,  that  the  Major 
stands  clear  and  is  in  a  fitt  posture  to  carry  on  the  affaires  of 
the  Court,  which  this  Court  doth  desire  and  request  him  forth- 
with to  attend,  according  as  his  place  requires. 

It  is  ordered  by  this  Court,  that  for  y^  future,  each  Plantation 
hath  hereby  liberty  to  send  their  Deputyes  to  the  Generall  As- 
semblies in  May  and  October,  according  to  the  tennour  of  the 
Charter,  and  they  are  not  to  expect  any  farther  notice  to  minde 
them  of  their  liberty  herein,  and  the  Deputies  are  to  bring  serti- 
ficates  with  them  from  the  Constables,  to  manifest  their  choyce. 

It  is  ordered  by  this  Court,  that  the  Constables  in  each  Plan- 
tation are  hereby  impowred  to  charge  the  watch  and  ward  in 
the  respectiue  plantations,  in  the  name  of  the  authority  here 
establisht,  duely  to  attend  there  watch  and  ward,  by  walkeing 
in  such  places  where  they  may  best  discouer  danger  by  the 


404  PUBLIC      RECORDS 

approach  of  an  enemy  or  by  fire,  which  if  they  do  discouer,  they 
are  to  giue  notice  thereof  by  fireing  their  guns  and  crying  Fire, 
Fire,  or  Arm,  Arm.  And  in  case  they  meet  with  any  persons 
walking  in  the  streets  unseasonably,  they  are  to  examine  them, 
and  in  case  they  cannot  giue  a  good  accompt  of  their  occasions, 
they  are  to  returne  them  to  the  Constable,  who  is  to  require 
them  to  appeare  before  a  Magistrate  or  some  Assistant,  to  giue 
an  accompt  of  their  unseasonable  walking. 
[184]  It  is  also  ordered,  that  the  watchmen  shall  duely  attend 
to  receiue  their  charge,  at  the  Constables,  in  the  evening  by  the 
shutting  in  of  the  day  light,  and  they  are  not  to  leaue  their 
watch  before  the  break  of  the  day,  and  whosoeuer  shall  be  found 
guilty  of  the  breach  of  this  order  shall  forfeit  Is.  for  euery  de- 
fect herein. 

This  Court  ordered  that  Wm.  Waller,  as  Renol  Maruens 
agent,  should  be  allowed  one  quarter  part  of  this  bill  of  50/.  as 
his  part  of  the  horses,  and  Mathew  Griswold  is  not  to  trouble 
Wm.  Waller  or  Renold  Maruen,  for  any  part  of  those  horses  for 
which  the  bill  is  made. 

The  petition  of  Mrs.  CuUicke  was  this  day  read  ;  and  the 
Court  voted,  that  they  did  not  see  cause  to  make  any  abate- 
ment of  ye  said  bill,  according  as  she  petitioned.* 

This  Court  appoynted  Wm.  Wadsworth,  Ens:  Auery,  L°t 
Smith,  as  a  Committe  to  veiw  the  lands  at  Homonoscitt,  and  if 
they  judg  it  be  nott  fitt  for  a  plantation,  and  will  not  be  uery 
prejudiciall  to  Saybrook,  then  they  are  to  lay  it  out  to  Mr. 
Math:  AUyn,  Cap*  Tallcott,  John  Allyn,  Mr.  Willis,  and  ac- 
cording to  the  graunt  of  the  Court ;  but  if  it  be  prejudiciall  to 
Saybrook,  they  are  to  lay  out  what  they  judge  right  to  the 
Towne  of  Saybrook  and  the  rest  to  Mr.  Math:  Allyn,  Capt 
Tallcott,  John  Allyn,  Mr.  Willys,  Mr.  Joseph  Haynes  or  Mr. 
Daniell  Clerk,  according  as  the  Court  shall  determine,  as  farr  as 
it  will  go,  according  to  their  graunts,  y^  l^t  graunt  to  be  layd 
out  1st,  and  so  successiuely ;  and  what  any  two  of  this  Com- 
mitte agree  to,  shall  be  a  finall  issue  of  the  case.  The  time  of 
meeting  and  attending  this  seruice  is  to  be  appoynted  by  Say- 
brook and  the  Gent:  concerned,  sometime  in  June  next. 

*  See  Appendix,  No.  XL 


OP      CONNECTICUT.  405 

The  Court  in  answer  to  the  request  of  Thomas  Forde,  which 
was  to  haue  some  allowance  in  respect  of  his  land  sold  to  Mr. 
Fitch,  which  the  said  Forde  forfeited  to  the  Countrey  by  mort- 
gage, they  graunted  him  the  sume  of  thirty  pownds. 

This  Court  appoynted  Mr.  Wyllys  and  as  a 

Comittee  to  draw  up  a  letter  and  send  it  to  the  Generall  Court 
of  the  Massachusetts,  about  Paukatuck,  as  an  answer  to  the 
letter  sent  to  us  from  their  Councill.* 

The  Court  haueing  considered  the  complaint  of  Wm.  Edwards 
against  Mr.  Clark,  and  hauing  seriously  considered  the  case,  do 
find  him  so  far  falty  as  to  put  him  out  of  the  Secretary's  place 
untill  the  next  Election  Court. 

This  Court  appoynts  Thomas  Minor,  Math:  Griswald  and 
Wm.  Waller,  or  any  two  of  them,  as  a  Comitte  to  hear  the  case 
depending  twixt  Uncass  and  the  Inhabitants  of  N:  London, 
respecting  lands,  and  to  make  report  to  the  Court  in  October 
next,  what  they  find  in  the  case.  This  they  are  to  attend  be- 
tween this  and  the  end  of  June  next. 

This  Court  remitts  Gary  Latham  and  Mr.  Duglas  fine,  w^h 
was  imposed  upon  them  by  the  Court  in  March,  for  there  trans- 
gression in  making  their  list. 

This  Court  orders,  that  Rob:  Usher  and  John  Meggs  shall 
continue  in  the  place  and  office  of  a  Constable  ouer  those  that 
haue  submitted  to  this  Gouerment  in  there  respectiue  Planta- 
tions, untill  the  Court  see  cause  to  alter  otherwise,  and  all  those 
that  haue  submitted  are  to  attend  the  former  order  made  in  Oc- 
tober Court  last. 

The  Court  noted,  that  they  would  not  send  the  Patent  nor 
coppy  thereof  to  be  read  at  New  Hauen. 

[185]  This  Court  orders,  that  the  letter  drawne  up  by  the 
Committe  to  the  Manadoes,  be  drawn  out  fair,  and  sent  to  the 
Lord  Stephenson.t  and  signed  by  the  Secretary  in  the  name  of 
the  Court,  as  allso  the  letter  to  West  Chester. 

This  Court  orders  Mr.  Willys  and  John  Allyn  to  draw  up  a 
Letter  to  the  Genii  Court  of  y^  Massachusetts,  in  refference  to 
Pawkatuck  &  Mistick,  and  to  desire  a  return. 

•The  letter  from  Massachusetts,  (of  Mar.  8,  1662-3,)  and  the  reply  of  the  Committee  are  in 
"Towns  &  Lands,"  Vol.  I,  Nos.44  &  45. 
t  Stuyvesant, 


406  PUBLIC      RECORDS 

This  Court  appoynts  L^t  Rob:  Sealy  to  be  the  cheife  miletary 
officer  in  Huntington,  to  exercise  theire  trained  souldiers. 

This  Court  ordered  that  Cap*  John  Young  should  haue  5Z. 
allowed  him  for  his  seruice  on  the  Island  last  year. 

This  Court  ordered  that  Richard  Pontons  charge  at  Hartford 
should  be  born  by  the  publike  Treasury. 

This  Court  orders  that  Southhold  shall  haue  and  enjoy  the 
same  priuiledges  as  Southhampton  doth  by  uertue  of  their  com- 
bination. 

This  Court  chose  Ln*  John  Allyn,  SeCy  for  the  Colony,  un- 
till  the  next  election,  and  he  was  sworn  in  Court. 

This  Court  graunts  unto  the  Major  o""  WorpH  Dep'ty  Gou- 
ern',  500  acres  of  land  for  a  farme,  where  he  shall  chuse  it,  if  it 
may  not  be  prjudiciall  to  a  plantation  allready  sett  up  or  to  sett 
up,  so  there  be  not  aboue  50  acres  of  meadow  in  it. 

The  Court  orders  that  those  freemen  that  were  presented  to 
the  Court  in  October,  from  Norwidge,  shall  be  accepted  and 
sworn  by  o^  WorpH  Deputy  Gou"". 

The  Court  orders  Mr.  Math:  Allyn  and  Mr.  Willis  to  write  to 
Setawkit,  and  settle  businesse  there,  according  as  they  judge 
best. 

The  Court  also  accepts  of  those  freemen  p'sented  from  N: 
London,  and  orders  Mr.  Bruen  to  administer  the  oath  unto  them, 
whose  names  are  Sam^^  Roggers,  Miles  More,  Mihell  Rice. 

The  Court  is  adjourned  untill  the  3d  Wedensday  in  Aug^t, 
unless  the  Gou""  come  to  us  sooner  and  see  cause  to  call  the 
Court  together. 


At  a  Meeting  of  the  Councill,  July  10*'\  1663. 
The  Councill  doth  desire  and  appoynt  Cap*  John  Tallcott  to 
go  down  to  West  Chester,  and  if  the  eleuen  Queries  concerning 
West  Chester  do  appear  to  be  sufficiently  proued  in  the  affirma- 
tiue,  then  the  said  Cap*  may  and  is  herby  ordered  to  administer 
the  oath  of  a  Constable  unto  him  whome  the  Inhabitants  shall 
desire  and  chuse  to  that  seruice,  if  he  approues  of  the  person  ; 
and  he  hath  herby  liberty  to  establish  a  Serj"*  in  the  said  Town. 
And  it  is  desired  that  Cap*  Tallcott  would  be  pleased  to  en- 
deauo""  to  settle  thinges  in  the  Town  of  West  Chester,  in  as 


OF      CONNECTICUT.  407 

peaceable  a  manner  as  may  be.  The  forsaid  Queries  are  upon 
the  file. 

The  Secretary  allso  is  ordered  to  send  a  Letter  to  the  Inhab- 
itants of  Narraganset  in  the  name  of  the  Councill,  and  to  signify 
to  them,  that  Mr.  Richard  Smith  Sen"-,  Cap'  Edw^  Hutchinson 
and  Lnt  Jos:  Hews  are  appointed  select  men  at  Mr.  Smiths 
tradeing  howse ;  and  Mr.  Rich:  Smith  Jun'  is  appoynted  Con- 
stable for  the  said  Town,  and  Mr.  Rich:  Smith  Sen""  is  to  ad- 
minister an  oath  to  him  for  a  faithfull  discharge  of  his  office. 

It  is  ordered,  that  the  Plantation  aforesaid  shall  for  the  future 
be  called  by  the  name  of  Wickforde.  The  Coppy  of  the  Letter 
to  Wickford,  hangs  upon  the  file. 


[186]      At  a  Session   of   the  Gen^i  Assembly   holden  at 
Hartford,  the  19'1»  of  AuG^t,  1663. 
Assist's: 
Maior  John  Mason,  Dep*  Gou"": 
Mr.  Mathew  Allyn,  Mr.  Henry  Woolcott,- 

Mr.  Sam"  Willys,  Mr.  Dan"  Clark, 

Capt  John  Tallcott,  John  Allyn  &  Secy. 

Deputies : 
Wm.  Wadsworth,        Tho:  Tracy,  Mr.  Rob:  Chapman, 

Capt  Benj:  Newbery,  Ln^  Walter  Fyler,   Sam^^  Boreman, 
James  Rogers,  John  Nott,  Mr.  Jos:  Fitch. 

Hugh  Calkin,  Nath:  White, 

This  Court  doth  desire  that  those  Freinds  appoynted  to  keepe 
the  Charter  do  allso  receiue  the  Duplicate  into  their  custody, 
and  keep  it  in  behalfe  of  the  Freemen  of  this  Corporation ;  and 
the  Worshipfull  Gouernour  is  desired  to  deliuer  the  s^  Dupli- 
cate to  the  said  Freinds,  or  either  of  them. 

This  Court  doth  nominate  and  appoynte  the  Dep:  Gouerno^, 
Mr.  Willys,  Mr.  Dan"  Clarke  and  John  Allyn,  or  any  three  or 
2  of  them,  to  be  a  Committe  to  treat  w^h  c  honoured  freinds  of 
N:  Hauen,  Milford,  Branford  and  Gilford,  aboute  setling  their 
union  and  incorporation  w^^  this  Colony  of  Connecticut ;  and 
they  are  impowred  to  act  according  to  the  Instructions  giuen 
to  the  Comitte  sent  to  New-Hauen  in  March  last;  and  in  case 


408  PUBLIC     RECORDS 

they  cannot  effect  a  union,  they  are  hereby  authorized  publikely 
to  declare  unto  them  that  this  Assembly  cannot  well  recent 
their  proceeding  in  Ciuill  Gouerm*  as  a  distinct  Jurisdiction, 
being  included  within  the  Charter  graunted  to  Conecticut  Cor- 
poration ;  and  likewise  they  are  publikly  to  declare  that  this 
Assembly  doth  desire  and  cannot  but  expect  that  the  inhabit- 
ants of  New  Hauen,  Milford,  Branford,  Guilford  and  Stanford 
do  yeild  subjection  to  the  Gouerm*^  here  establisht  according  to 
the  tennor  of  o""  Charter,  which  is  publiquely  to  be  read  in 
New  Hauen. 

This  Court  being  sencible  of  the  great  inconueniency  that 
may  com  to  the  members  of  this  Colony  by  Indians  walking  up 
and  down  the  Towns,  in  the  night  season,  to  buy  liquers,  doe 
order,  that  whatsoeuer  Indian  shall  be  found  walking  up  and 
down  in  any  Towne  in  this  Corporation,  after  the  day  light  shut- 
ting in,  except  he  giue  sufficient  reason,  shall  forfeit  twenty 
shillings,  fifteen  shilHngs  to  the  Publiq'  Treasury,  and  five  to  the 
person  or  persons  complaining  and  proueing  the  same,  or  else 
be  seuerly  whipt  six  stripes  at  least ;  and  any  one  Assist*  or 
Commissioner  hath  power  to  hear  and  issue  any  such  complaint. 
And  if  any  Indian  shall  be  found  in  the  night  season  transgress- 
ing this  order,  the  Assist^^  or  Commissioners,  or  any  one  of 
them,  may  secure  them,  by  setting  a  watch  upon  them  or  by 
committing  them  to  prisson  for  a  try  all  y^  next  fitting  oppertu- 
nity.  This  is  to  be  published  to  the  Indians  in  or  about  each 
Towne. 

Wm.  Blumfield  appeales  from  the  sentence  or  judgm*  of  the 
Court  held  at  Hartford,  June  15,  63,  to  the  judgment  and  deter- 
mination of  this  Assembly. 

The  Comitte  appoynted  to  view  Hommonoscit,  returned  a 
writing  under  their  hands,  dated  June  3,  1663,  wherein  they 
expresst  that  according  to  their  best  judgment  it  will  make  a 
comfortable  plantation  for  the  entertainment  of  thirty  families 
to  subsist  comfortably.  The  Comitte  were  Wm.  Wadsworth, 
Sam^i  Smith,  James  Auery. 

John  Clow  Junr  presented  a  Petition  to  the  Court  for  the 
planting  of  Homonoscitt,  and  engaged  to  pay  105.  to  the  Treas- 
ury for  it,*  according  to  order. 

*  i.  e.  for  the  presentation  of  ihe  Petition;  according  to  the  order  of  May,  1662.  p.  381. 


OF     CONNECTICUT.  409 

Corporall  Marshall  is  to  haue  2/.  payd  him  by  the  Treasurer 
and  deliuer  the  horse  to  the  Treasurer,  and  this  to  be  a  finall 
issue  of  the  case. 

[187]  This  Court  hauing  considered  Wm.  Blumfeilds  appeale, 
w^h  the  [  ]  therof",  doe  order  that  Mr.  Rogers  shall  pay 

unto  Blumfeild  the  summ  [  ]  pounds  in  currant  pay, 

and  Mr.  Rogers  to  keep  the  mare  and  bull  and  [  ]  as  his 

proper  estate,  and  discharge  Mr.  Louelands  debt  and  pay  the 
cost  [of  ihis'\  Court,  and  the  first  Court  his  case  was  in  tryal. 
Blumfeild  is  to  pay  the  char[ges  of]  the  special  Court.* 

This  Court  orders  the  Secy  to  draw  out  the  letter  which 
was  read  in  the  [Court,]  and  subscribe  it  in  the  name  of  the 
Court,  and  send  it  to  Cap*  Hutchinsonf  and  his  [  ] 

This  Court  haueing  considered  the  request  of  Tho:  Forde,  by 
their  vote  d[eclare]  that  they  see  no  cause  to  give  Goodman 
Forde  the  six  pownds  od,  that  he  d[esires]  in  refference  to  his 
land  at  Podunck,  now  in  Mr.  Jos:  Fitches  hand. 

This  Court  orders,  that  the  land  at  Homenoscitt  be  reserued 
for  a  plantation. 

This  Court  orders  that  the  planting  of  Homonoscit  be  reffered 
to  October  Court. 


At  a  Session  of  the  Generall  Assembly  at  Hartford, 
[October]  the  8th,  iqq2, 

John  Winthrope  Esq^  Gou"". 
Major  John  Mason  Esq"",  Dep: 

Mr.  Math:  Allyn,  Mr.  Henry  Woolcott, 

Mr.  Sam"  Willys,  Mr.  DanH  Clarke, 

Mr.  Rich:  Treat,  John  Allyn, 

Cap*  John  Tallcott,         Mr.  Sherman. 

Deputies  : 
Mr.    Wm.  Wadsworth,   Capt  Ben:  Nubery,    Mr.    Jos: 
Fitch,    Lnt  Walt:  Fyler,  Samuel  Boreman,  John  Nott, 

*  The  corners  and  outer  margins  of  the  two  leaves  of  the  original  record,  paged  187  to  190, 
are  much  worn  and  defaced.  On  pages  187  and  189,  the  whole  or  a  part  of  the  words  termi- 
nating each  line  is  torn  off,  or  has  become  illegible. 

t  A  letter  from  Capt.  Hutchinson  and  the  other  proprietors  of  the  Narragansett  lands,  with  a 
copy  of  the  reply  from  the  General  Court,  are  in  "  Colonial  Boundaries,"  Vol.  I.  Nos.  9  &  10. 

36 


410  PUBLIC     RECORDS 

Mr.  Anthony  Hawkins,  Thomas  Jud,  Mr.  Jehu  Bur, 
absent;  John  Bankes,  Phihp  Groue,  Mr.  Math:  Camp- 
feild,  Nath:  White,  Rich:  Olmsteed,  absent ;  Ens:  Joseph 
Judson,  absent ;  Wm.  Cheny,  Tho:  Tracy,  Tho:  Lepping- 
well,  James  Rogers,  [James]  Morgan,  Mr.  Rob:  Chap- 
man, Wm.  Waller. 

This  Court  desires  and  appoyntes  Mr.  Mathew  Allyn,  Cap<^ 
Ta[llcott,]  Lnt  Clark,  as  a  Comitty  to  treat  w^h  the  Gent°  come 
from  the  M[anhatoes]  about  the  matters  in  controuersie  be- 
tween this  Corporation  and  the  D[utch]  at  Manhatoes,*  and  in 
case  Mr.  Clark  comes  not  down  to  the  Court,  y^  [Secretary  to] 
supply  Mr.  Clarkes  place. 

John  GrifFen  haueing  made  appeare  to  this  Court  that  he  was 
the  first  [  ]  the  art  of  making  pitch  and  tarre  in  these 

parts,  doe  order  that  the  [said]  GrifFen  shall  haue  Two  hundred 
acres  of  lands  (where  he  can  find  them)  between  Massacoh  and 
Warranoake,  wherof  there  may  be  forty  acres  of  [meadow,]  if 
it  be  ther  to  be  had  and  be  not  prejudicial!  to  a  plantation,  and 
not  [formerly]  graunted. 

The  list  of  estates  were  presented  to  this  Court,  as  foUow- 
eth:— 

Ye  persons  and  estates  of  Hartford,  18917.  06.  00 

Ye  persons  and  estates  of  Windsor,  16683.  00.  00 

*  With  a  view  to  an  amicable  adjustment  of  the  differences  between  the  New  Netherlands 
and  Connecticut,  respecting  the  towns  upon  L.  Island,  and  the  territory  between  Stamford  and 
Westchester  (inclusive  of  the  latter  plantation,)  to  which  both  Jurisdictions  laid  claim,  Gov. 
Stuyvesant  sent  commissioners  to  Hartford,  with  full  powers  "  for  the  composinge  and  deter- 
myninge  of  all  further  diffrences  in  question."  In  a  letter  to  the  General  Court  (dated  Oct.  13, 
1663,  N.  S.)  Gov.  S.  writes,  "  I  therefore  thought  meete  and  needfull  for  the  prevention  of  fur- 
ther troubles,  to  send  the  bearers,  our  lovinge  friends  and  intrusted  agents,  Cornelys  van  Ruy- 
ven,  our  faithfull  Secretary,  Oolvoost  Stevenson  van  Cortland,  burge  master  off  the  city  Am- 
sterdam in  New  Netherland,  and  John  Lawrence,  marchant,"  &c.     [Colonial  Boundaries,  ii.  6.] 

The  Committee  appointed  by  the  General  Court  did  not  assent  to  the  propositions  submitted 
by  the  Dutch  Commissioners,  and  the  latter  returned  to  the  iManhadoes,  without  having  attained 
any  satisfactory  result  of  their  mission.  A  correspondence  ensued  between  the  General  Court 
and  Gov.  S.,  in  which  the  question  of  jurisdiction  was  discussed,  without  however  arriving  at 
any  positive  result,  until  the  claims  of  the  Dutch  Government  were  summarily  disposed  of,  by 
the  occupation  of  N.  York  by  the  English  in  1664,  and  the  grant  to  the  Duke  of  York, — which 
by  the  decision  of  the  Royal  Commissioners,  in  Nov.  1664,  was  made  to  include  the  whole  of 
Long  Island.  The  letters  of  Gov.  Stuyvesant,  with  the  propositions  of  the  Dutch  agents,  and 
those  of  the  Committee  of  the  Gen.  Court,  are  in  '  Col.  Boundaries,'  Vol.  ii.  Nos.  3-13,  See 
also,  the  Journal  of  the  Dutch  Commissioners,  printed  in  Hazzard's  State  Papers,  ii.  623-633, 
from  the  original  in  the  State  Department  at  Albany. 


OF      CONNECTICUT.  411 

Ye  persons  and  estates  of  Weathersfeild,  12258.  10.  00 

Ye  persons  and  estates  of  Farmington,  07044.  00.  00 

Ye  persons  and  estates  of  New  London,  07185.  11.  00 

Ye  persons  and  estates  of  Norwalke,  04420.  05.  00 

Ye  persons  and  estates  of  Middletowne,  03017.  00.  00 

Ye  persons  and  estates  of  Norwidge,  02571.  00.  00 

Ye  persons  and  estates  of  Stratford,  09579.  03.  00 

Ye  persons  and  estates  of  Fairfeild,  11030.  09.  08 

Ye  persons  and  estates  of  Saybrook,  08000.  00.  00 

Mathew  Griswold  and  Wm.  Waller  and  Tho:  Minord  are 
appoynted  to  [  ]  the  west  bounds  of  New  London,  and 

Ens:  Tracy  and  James  Morgan  or  [  ]  whom  the  two 

towns  of  N:  London  and  Norwidge  do  appoynt  are  to  se[  ] 

they  are  to  begin  at  some  sutable  place  as  they  shall  judge 
m[eet,  so  that]  they  may  haue  as  much  land  without  as  their 
is  sea  [  ] 

Timothy  Phelpes  and  Samuel  Buell  are  [propounded  to]  be 
made  free  of  this  Corporation,  according  [to  order  of  Court] 
[188]  Serjant  Tho:  Minor  repairing  to  this  Court  for  aduice, 
what  he  should  doe  or  how  he  should  behaue  himself  to  any  in 
the  place  where  he  Hues  that  doe  pretend  authority  there  ;  This 
Court  doth  aduise  him  to  carry  it  peaceably  towards  them,  and 
at  present  to  be  a  patient  in  the  case,  though  they  injure  him; 
this  Court  engageing  to  see  the  said  Serjant  Minor  wrighted  for 
any  wrong  that  he  either  hath  or  shall  receiue  upon  this  acco*, 
prouided  he  attends  the  directions  of  this  Court,  W^  is  that  he 
obey  noe  authority  at  Mistick  &  Pawcatuck  but  what  is  or 
shall  be  establisht  there  by  this  Assembly. 

It  is  ordered  by  the  Court,  that  the  letter  drawn  up  to  the 
Director  Gen^i  at  the  Manhatoes,  be  sighned  by  the  Sec^y  in 
the  name  of  the  Court,  and  sent  to  the  said  Generall. 

This  Court  doth  accept  of  the  town  of  West  Chester  as  a 
member  of  this  Corporation,  being  rece'd  and  accepted  as  such 
by  o""  Councill  formerly.  This  Court  doth  declare  that  all  the 
land  between  the  sayd  West  Chester  and  Stanford  also  doth 
belong  to  the  Colony  of  Connecticut. 

This  Court  doth  desire  and  appoynt  the  Major  and  John 
AUyn  and  Mr.  Bruen,  to  keep  a  Court  at  New  London,  for  the 


412  PUBLIC      RECORDS 

issuing  of  such  matters  as  shall  be  presented  to  their  considera- 
tion ;  they  are  to  appoynte  the  time. 

This  Court  appoynts  Ens:  James  Auery  a  Commissioner,  to 
joyne  w^h  Mr.  Bruen  at  New  London. 

This  Court  appoynts  Mr.  Edward  Gishop  a  Commissioner 
for  the  Towne  of  West  Chester,  and  he  is  inuested  with  Magis- 
traticall  power  in  that  Plantation,  untill  y^  Court  in  May. 
Sworn,  in  Court. 

This  Court  doth  appoynte  the  Secy  to  draw  out  the  Letter 
faire,  that  was  read  in  the  Court,  and  subscribe  it  in  the  name 
of  the  Court,  and  send  it  to  Deacon  Parks,  by  him  to  be  pre- 
sented to  y^  Gouerni"  and  Gen^i  Assembly  of  the  Massachusetts. 

This  Court  orders,  that  the  last  Wednesday  of  this  Instant 
October  be  set  apart  throughout  this  Collony  for  a  solemn  day 
of  Thanksgiuing  for  the  mercyes  God  hath  extended  to  us  the 
year  past,  in  the  return  of  o'  Honoured  Gouernof,  the  recouery 
of  c  Deputy  Gouern'^  out  of  his  late  sicknesse,  the  plentiful! 
haruest,  the  seasonable  abatement  of  the  waters,  and  continu- 
ance of  peace  and  health  amongst  us. 

This  Court  graunts  a  rate  of  a  penny  on  the  pound,  to  dis- 
charge the  Countrey's  debts. 

This  Court  upon  the  petition  of  John  Tompson,  do  request 
Mr.  Jones,  Mr.  Hanford  and  Mr.  Wakeman,  to  haue  a  hearing 
of  the  difference  between  the  Church  of  X*  at  Stratford  and 
the  said  Tompson,  and  to  aduise  them  to  the  best  meanes  for  an 
issue  therof. 

This  Court  desires  and  appoynts  Mr.  Gouernour,  Mr.  Math: 
Allyn,  Mr.  Willys  and  Cap*  Tallcott,  or  any  three  of  them,  to  con- 
sider what  is  meet  to  be  attended  in  reffrence  to  Mr.  Hopkins  his 
estate,  by  him  bequeathed  for  to  be  improued  for  y^  promoting  of 
learning,  and  to  make  reporte  of  there  thoughts  the  next  Court. 

Tho:  Hunt,  John  Quinby,  Rob:  Huested,  Nicholas  Bayley, 
Rich:  Ponton,  Sam'i  Mills,  Mr.  Rich:  Mills,  are  accepted  to  be 
made  free,  according  to  order  of  Courte. 

Simon  Huntington,  Tho:  Adgatt,  John  Post,  Tho:  Post,  Wm. 
Baccas,  Thom:  Blisse,  John  Renols,  John  Calkin,  Jonath:  Rice, 
John  Birchard,  are  accepted  to  be  made  free,  accoi'ding  to  order 
of  Court. 

Ens:  Steel,   John  Norton,   John  Clerk,    Joseph  Woodford, 


OF     CONNECTICUT.  413 

Tho:  Judd,  John  Judd,  John  Woodruff,  John  Root,  John  War- 
ner, Tho:  Hart,  are  to  stand  for  their  [  ]  at  the  Court 
in  May  next,  for  their  freedome. 

[189]  Lnt  John  Bud  is  appoynted  Commissioner  for  the  Town 
of  Hastings,  and  is  inuested  [with]  Magistraticall  power  within 
thehmits  of  that  Town. 

Rich:  Vowles  is  appoynted  Constable  for  the  Town  of  Hast- 
ings, and  Mr.  Bud  is  to  g[iue  him  his  oath.] 

This  Court  doth  approue  of  Deacon  Stebbing  and  Ln*  Tho: 
Bull  paying  what  doth  [appear]  to  be  due  from  Mr.  Hopkins 
estate  to  Mr.  Bournes  or  Mr.  Dallye,  with  what  [  ]ency 

may  bee. 

It  is  ordered  by  the  Court,  that  Math:  Griswald,  Wm.  Waller 
and  Tho:  Minor  or  [any  two]  of  them,  shall  settle  the  bounds 
between  the  Town  of  New  London  and  Uncas,  [  ]  deter- 

mine what  Uncass  shall  haue  for  those  of  his  lands  that  fall 
within  the  [  ]  that  by  the  Court  haue  been  confirmed 

upon  the  Towne  of  New  London,  and  issue  [  ]  case  fully, 

a  Munday  come  four  weeks,  or  as  soon  as  may  be. 

Frances  Brown  was  sworn  Constable  for  Stanford,  in  the 
Court. 

Wheras  the  Court  haue  formerly  graunted  Mr.  Sam:  Stone, 
of  Hartford,  a  farme,  [for  his]  good  seruice  to  the  Countrey 
both  in  Pequett  warr  and  since,  do  now  graunt  and  con[firme] 
to  Mr.  Sam'i  Stone  his  son  and  Mrs.  Eliza  Stone,  the  relict  of 
Mr.  Sam^i  Stone,  deceased,  [in]  lieu  of  the  former  grant,  500 
acres  of  upland  and  50  or  sixty  acres  of  meadow,  [where]  they 
can  find  it,  prouided  it  be  not  prejudicial  to  any  plantation  set 
up  al[ready]  or  place  fitt  to  make  a  plantation. 

This  Court  appoynts  Sam^i  Boreman  and  James  Steele  to  lay 
out  the  bounds  [of  the]  Towne  of  Middletowne,  according  to 
their  former  graunt,  and  the  [Towne]  of  Middletowne  is  to  pay 
the  charge  therof. 

This  Court  doth  leaue  the  determination  of  the  business 
respecting  [  ]  entertainm*  of  the  plantations  on  Long 

Island,  and  the  difference  between  [us]  and  the  Dutch,  with  the 
Councill,  who  are  to  consider  and  issue  the  forementioned  [par- 
ticu]lars,  as  soon  as  they  haue  a  return  from  the  Dutch  Director 
Genii  or  a  fort[night]  hence,  and  the  people  of  the  Island  are  to 
36* 


414  PUBLIC     RECORDS 

haue  a  coppy  of  the  proposalls  presented  [by]  the  Gen'^s  Mes- 
sengers. 

This  Court  appoynts  John  Hurd  and  Joseph  Judson  to  lay 
out  the  bownds  [of  the]  Town  of  Fairfeild,  between  them  and 
Norwalk,  according  to  their  [former]  grant ;  and  the  two 
Townes  are  to  beare  the  charge. 

This  Court  doth  desire  and  authorize  the  Council!  to  draw 
up  and  send  letters  of  [  ]  to  his  Majesty  or  any  Noble 

personages  in  England,  as  they  see  cause. 

This  Court  doth  approue  of  what  the  Perticular  Court  did  at 
South  H[ampton]  September,  1663,  and  do  desire  and  appoynte 
the  Assis'^s  of  South  &  East  Hampton  to  see  that  execution  be 
attended  according  to  the  determination  of  the  said  Court ;  and 
in  case  there  be  any  occasion  for  the  future,  the  Assises  of  South 
and  East  Hampton  are  hereby  impowered  to  go  ouer  [to  South-] 
hold  and  keep  Court  there  and  deal  with  all  persons  (that  carry 
it  refractory  in  the  sayd  place,)  according  to  lawe ;  and  espe- 
cially they  are  desired  to  consider  of  Mr.  Wells  his  ill  carriage ; 
and  in  case  they  cannot  sup  [press]  such  ill  disposed  persons 
there,  they  may  and  are  hereby  authorized  [to  send'\  ouer  any 
such  person  or  persons  to  the  Goal  here  at  Connecticut. 

Tho;  Tappin  is  appoynted  to  joyne  with  the  aforesaid 
Assists. 

This  Court  doth  authorize  the  Court  at  Southhold  to  issue  the 
[  ]  respecting  Pepper,  now  in  durance  there,   and  to 

send  him  to  Bar[badoes]  or  banish  him,  according  as  the  nature 
of  the  offence  [requires.] 

[190]     This  Court  doth  judge  that  Seabrook  hath  no  right  to 
Hommonoscitt. 

This  Court  doth  declare  that  the  former  act  about  Homonos- 
citts  not  being  a  plantation  is  hereby  reuoaked  ;  and  the  former 
order,  that  it  should  be  a  plantation  is  to  stand. 

The  Court  doth  appoynt  S.  Willys,  Mr.  Woollcott,  and  Wm. 
Wadsworth  as  a  Commity  for  the  ordering  of  the  plantation  at 
Homonoscitt. 

Mr.  Willys,  Mr.  Gould  &  Ens:  Tracy  are  appoynted  by  this 
Court,  as  a  Committy  to  issue  the  businesse  respecting  John 
Notts  appeale. 

Ln^  Lewis  doth  request  this  Court  for  a  Farme. 


OF     CONNECTICUT.  415 

This  Court  doth  order  a  rate  of  farthinge  &  half  farthinge 
upon  the  pownd,  to  be  paid  within  3  weekes,  in  wheat,  for  the 
compleating  the  charge  about  procuring  the  Charter ;  and  the 
Constables  of  each  Town  are  to  gather  the  same,  and  prouide 
for  the  transportation  of  the  same  to  New  London,  within  a 
month. 

This  Court  doth  declare  that  they  can  do  no  less  for  their  own 
indemnity  then  to  manifest  c  dissatisfaction  w^^  the  proceed- 
ings of  the  plantations  of  N:  Hauen,  Milford,  Brainford  &c.,  in 
their  distinct  standing  from  us  in  poynt  of  Gouerm* ;  it  being  di- 
rectly opposite  to  the  tennor  of  the  Charter  lately  granted  to  o'" 
Colony  of  Connecticutt,  in  w^h  Charter  these  plantations  are 
included.  Wee  allso  do  expect  their  submission  to  o""  Gouer- 
ment,  according  to  o""  Charter  and  his  Majestyes  pleasure  therin 
exprest,  it  being  a  stated  conclution  of  the  Com^s  that  Jurisdic- 
tion right  allwayes  goeth  w'^  Patent.  And  whereas,  the  afoars^ 
people  of  New  Hauen  &c.  pretend  they  haue  power  of  Gouer- 
ment  distinct  from  us,  and  haue  made  seuerall  complaints  of 
wroungs  receiued  from  us,  we  doe  hereby  declare  that  o''  Coun- 
cill  will  be  ready  to  attend  them,  or  a  Committee  of  theirs,  and 
if  they  can  rationally  make  it  appear  that  they  haue  such  power, 
and  that  we  have  wrounged  them,  according  to  their  com- 
plaints, we  shall  be  ready  to  atend  them  w^^  due  sattisfaction. 
(Ye  Gou""^  absent  w"  this  vote  passed. ) 

The  Court  appoynts  Mr.  Willys  and  the  SeCy  to  draw  up  a 
Letf  to  N:  Hauen  Genti,  and  inclose  this  act  of  the  Court  in  it. 

The  return  of  the  Comitty  concerning  John  Notts  appeale  is^ 
that  the  land  in  controuersie  between  Mr.  Russell  and  the  Towne 
of  Weathersfeild  doth  belong  to  Mr.  Russell,  and  is  confirmed 
by  the  Court  upon  him  ; 

This  Court  remitts  Mr.  Russells  forfeits  for  his  non  recording 
of  his  land,  all  but  51;  and  this  to  be  a  finall  issue  of  the  busi- 
nesse  between  Mr.  Russell  and  John  Nott  and  the  Town  of 
Weathersfeild. 

In  answer  to  the  petition  of  those  English  Plantations  near 
the  Dutch  ; — This  Court  being  desirous  to  maintaine  his  Majes- 
ties just  interest  and  the  peace  of  his  subjects,  and  yett  to  attend 
all  wayes  of  righteousnesse,  that  so  we  may  hold  good  corres- 
pondency with  o"^  neighbours  of  the  Manhatoes,  do  herby  de- 


416  PUBLIC     RECORDS 

clare  that  they  will  for  the  present  forbear  to  put  forth  any  au- 
thority ouer  the  English  Plantations  on  the  westerly  end  of 
Lono-  Island,  prouided  the  Dutch  forbear  to  exercise  any  coer- 
ciue  power  towards  them ;  and  this  Court  shall  cease  from  far- 
ther attendance  unto  the  p^mises,  until  there  be  a  seasonable 
return  from  the  Generall  Steuenson  to  those  propositions  that 
his  messengers  carryed  with  them,  or  untill  their  be  an  issue  of 
the  differences  between  them  and  us. 

[191]  And  in  case  the  Dutch  do  unjustly  molest  or  offer  vio- 
lence unto  them,  we  do  hereby  declare  that  we  shall  not  be 
willing  to  see  o^  Countrey  men  his  Maties  naturall  borne  sub- 
jects, and  his  Matins  interest  interupted  or  molested  by  the 
Dutch  or  any  other,  but  we  shall  adres  Cselues  to  use  such  just 
and  lawfuU  meanes  as  God  shall  in  his  wisdome  offer  to  o'  hands 
for  their  indemnity  and  safety,  untill  his  Ma^ie  o'  Soueraigne 
Lord  the  King  shall  please  to  declare  his  Royall  pleasure  for 
their  future  settlement,  they  carrying  themselues  peaceably  and 
inoffenciuely. 

The  Court  is  adjourned  to  the  2^  Thursday  in  March,  except 
the  Gouerno"^  or  Councill  see  cause  to  call  it  sooner. 

This  Court  doth  thankfully  acknowledge  the  fauor  the  Gou- 
ernr  hath  shewed  to  this  o""  Colony,  in  his  great  paynes  in  pro- 
cureing  c  Charter  of  his  Matie  o''  Soueraigne,  and  doe  hereby 
discharge  him  from  those  seuerall  summes  of  mony  that  he  hath 
rec^  of  the  Colony ; 

And  the  Worpii  Gouernor  doth  hereby  discharge  and  acquitt 
the  Colony  of  Conecticutt  from  all  farther  claimes  for  his  paynes 
and  charge  about  the  premises. 


At  a  Session  of  the  Gen^i  Assembly  at  Hartford,  March 
10th,  1663. 

John  Winthrop  Esqf,  Gou"". 

Assis". 
Mr.  Allyn,  Mr.  Woolcot, 

Mr.  Willys,  Mr.  Clark, 

Mr.  Treat,  Mr.  Allyn,  et  Sec'y. 


OF     CONNECTICUT.  417 

Deputies : 
Mr.  Wadsworth,        Tho:  Judd,  John  Nott, 

Mr.  Fitch,  Mr.  Jehu  Burre,         Wm.  Cheny, 

Capt.  Newbery,         John  Bankes,  Tho:  Tracy, 

Lnt  Fyler,  Nath:  White,  Tho:  Leppingwell, 

Anth:  Hawkins,         Samii  Boreman,         Mr.  Rob:  Chapman. 

This  Court  doth  order  that  the  charge  and  expence  of  Mr. 
John  Tinkers  sicknesse  and  funerall  shall  be  payd  by  the  Pub- 
liqe  Treasury,  which  is  8 :  6 :  4. 

This  Court  doth  nominate  and  appoynte  Mr.  Willys  and  Cap* 
Tallcott  to  take  the  Marshalls  acco*  of  what  he  hath  expended 
on  the  Contreys  acco*,  to  the  Dutch  agents. 

This  Court  upon  a  consideration  of  a  petition  presented  from 
seuerall  of  the  proprietors  of  the  lands  on  the  East  side  of  the 
Great  Riuer,  in  refference  to  fencing  the  said  lands,  doe  ther- 
fore  see  meet  to  desire  and  order  the  said  proprietors  in  the 
seuerall  Townes,  to  consider  of  the  aduantages  and  disaduan- 
tages  that  may  accrew  to  the  Publique  in  the  premises,  and  to 
p^sent  their  apprehensions  and  determination  of  y^  m[ajor]  part 
of  the  said  proprietors  at  the  next  Gen^i  Assembly,  in  May. 

This  Court  orders  Tho:  Edwards  and  the  rest  of  the  inhabit- 
ants at  Hockanum,  all  aboue  sixteen  yeares  old,  to  take  some 
speedy  oppertunity  to  make  two  Bridges,  the  one  ouer  the 
Brook  at  the  place  called  Sadler  Ordnary,  the  other  at  Frog 
Brook,  where  may  be  most  sutable ;  in  each  Bridge  to  lay  three 
Trees,  so  hewed  that  they  may  be  sufficient  for  horses  to  passe 
safe  ouer.  Thomas  Edward  is  to  ouersee  the  work,  and  is  em- 
powered to  call  the  rest  of  the  pi'sons  forth  to  performe  the  work, 
according  to  the  Courts  expectation  herein ;  and  the  Court 
allowes  ten  shillings  towards  the  work,  out  of  the  Publiq'  Treas- 
ury; it  is  to  be  finished  before  May  Court.  They  are  to  mark 
out  the  way  from  y^  Common  way  to  the  Bridge  at  Frog 
Brook. 

This  Court  doth  remitt  John  Betts  fine  of  30s. 

This  Court  understanding  that  trouble  is  like  to  ensue  upon 
the  apprehension  of  seuerall  inhabitants  amongst  us  respectinge 
the  priuiledge  of  Freemen,  and  who  are  to  make  choyce  of  Dep- 
utyes  and  publiq'  officers  in  the  Corporation,  for  preuehtion 
wherof,  doe  declare  and  order,  that  only  such  as  haue  been  or 


418  PUBLIC      RECORDS 

shall  be  orderly  admitted  freemen  of  this  Company,  by  the 
Gen^i  Assembly,  shall  haue  their  votes  in  chooseing  Deputyes 
and  other  publique  officers  for  the  Corporation,  as  Gouerno"^* 
Deputy  Gouernor,  Magistrates. 

[192]  This  Court,  upon  good  advise,  doe  see  cause  to  take  of 
the  sequestration  formerly  laid  upon  the  estate  of  Edward  Hop- 
kins Esq"",  w^h  for  seuerall  good  reasons  was  laid  under  restreint, 
partly  because  an  authentick  coppy  of  the  will  of  y^  s^  Edward 
Hopkins  Esq"^  did  not  appeare  for  y^  orderly  dispose  thereof, 
and  partly  because  an  attested  Inuentory  of  the  said  estate  hath 
not  as  yett  been  exhibited  to  this  Court,  yett  now  being  hope- 
lesse,  because  of  the  discease  of  Cap*^  John  CuUick,  to  obteine 
the  said  Inuentory,  this  Court  doth  order  as  before  mentioned. 

This  Court  grants  license  to  John  Westall,  to  sell  wine  and 
liquers  by  retaile  in  his  house,  so  he  do  not  suffer  men  to  tipple 
in  his  house  contrary  to  lawe,  but  attends  the  contrary  orders 
in  that  respect. 

This  Court  orders,  that  the  letter  w^^  the  warrant  and  in- 
structions to  the  Marshall  respecting  Mr.  John  Scott,  that  haue 
been  read  in  the  Court,  shall  be  attended. 

This  Court  orders  that  the  bownds  of  Seabrook  shall  be  six 
mile  and  an  half  from  the  Neck  gate,  westward. 

This  Court  doth  grant  liberty  to  Mr.  Thomas  Pell  to  buy  all 
that  land  of  the  Indian  proprietors  between  West  Chester  and 
Hudsons  Riuer,  (that  makes  Manhatoes  an  Island,)  and  lay  it 
to  West  Chester,  prouided  that  it  be  not  purchased  by  any  be- 
fore, nor  in  their  possession. 

This  Court  desires  Mr.  Henry  Woolcott,  Mr.  Willis  and  Mr. 
Wadsworth,  to  go  to  N:  London  to  assist  the  Major  in  keeping 
a  Court  at  N:  London,  the  l^t  Wedensday  in  Aprill  next. 

This  Court  desires  the  Deputyes  of  Fairfeild  to  signify  to  the 
Towne  of  Norwake  that  the  Court  will  state  the  bounds  be- 
tween them  and  Fairfeild,  the  next  Session  in  May. 

To  pi'uent  future  inconueniences  that  may  arise  between 
Saybrook  and  Homonoscitt  plantations,  and  for  a  full  issue  of 
the  case,  this  Court  orders  that  the  bounds  between  y^  said 
plantations  shall  be  where  the  common  passage  ouer  Manunke- 
tesek  Riuer  is,  and  so  to  run  north  into  the  Country  and  south 
into  the  sea.     The  former  vote  concerning  the  bounds  of  these 


OF     CONNECTICUT.  419 

plantations  is  retracted.  Mr.  Rossiter,  Mathew  Griswold  and 
Joh:  West  are  to  lay  out  the  bowndes  according  to  order  of 
Court. 

This  Court  orders,  that  the  Towne  of  New  London  shall  pay 
unto  Ens:  Waller,  Mathew  Griswald  and  Thomas  Minor  what 
is  due  unto  them  for  laying  out  the  bounds  of  N:  London;  to 
Ens:  Waller,  for  two  voyages,  155. ;  to  Math:  Griswold,  15s.;  to 
Thomas  Minor,  w*  is  his  due,  at  35.  a  day,  himself  &  horse. 

This  Court  grants  unto  Mr.  Mathew  Allyn,  liberty  to  take  up 
that  meadow  at  Catch,  beyond  Goodman  Bissell,  on  the  East 
side  of  the  Riuer,  and  what  upland  he  pleaseth,  so  he  exceeds 
not  his  former  grant.  What  Mr.  Allyn  takes  up  at  this  place 
is  to  go  onwards  of  his  former  grant ;  and  Edward  Griswald 
and  Josias  Hull  are  appointed  to  lay  out  this  land  for  Mr. 
Allyn,  he  paying  of  them  for  their  paynes. 

This  Court  grants  Mr.  Phelps,  200  acres  of  upland  and  twenty 
of  meadow,  wher  he  can  find  it ;  prouided  it  prejudice  not  for- 
mer grants  and  plantations  sett  up  and  to  sett  up. 

The  Deputies  of  Saybrook  presenting  to  this  Court  their  in- 
tendments to  set  up  a  plantation  on  the  East  side  of  the  great 
Riuer,  and  also  maintayn  a  plantation  on  the  West  side,  and 
desireing  some  enlargm*  of  their  bounds,  this  Court  haueing 
considered  their  desires,  do  enlarge  their  bownds,  fower  miles 
on  each  side  of  the  Riuer  northward,  prouided  they  do  make 
two  plantations,  as  afores^,  within  the  space  of  three  yeares 
from  the  date  hereof;  and  also,  o""  Honor*'  Gouernor  haueing 
made  choyce  of  the  Brook  that  runs  into  the  great  Riuer,  near 
Twelue  Mile  Island,  to  sett  a  saw  mill  on,  and  a  cedar  swamp 
near  adjoyning  to  the  said  brook  or  riuer,  by  vertue  of  a  former 
grant.  May  21th,  1653,  this  Court  graunts  it  to  him,  according 
to  his  former  grant,  and  excepts  it  in  the  forementioned  grant 
to  Seabrooke. 

This  Court  doth  nominate  and  appoynt  these  to  be  put  to  y^ 
election,  at  May  Court  next,  for  Assists;  Cap'  Ben:  Newbery, 
Anthony  Howkins,  Capt  Young,  Mr.  Fayrchild,  Mr.  Edward 
Palmes. 

[193]  This  Court  orders,  that  if  any  person  in  this  Colony 
shall  refuse  or  neglect  to  giue  in  a  true  acco^  of  any  sorte  of  his 
Cattell  to  the  Listmakers  or  their  agents,  when  demaunded,  in 


420  PUBLIC     RECORDS 

the  respectiue  Townes,  or  shall  leaue  out  any  parte  of  them,  he 
shall  forfeit  for  euery  such  defect  the  estate  left  out,  the  one 
half  to  the  Publiq'  Treasury,  and  the  other  half  to  the  person 
discouering  the  same,  and  prosecuting  it  to  effect. 

The  Church  of  Christ  at  Winsor  complaynes  of  James  Enoe 
and  Michaell  Humphrey,  for  seuerall  things  contayned  in  a  pa- 
per presented  to  the  Court.  Mr.  Clarke,  in  behalf  of  the  Church 
complaynes  of  James  Enoe  and  Michaell  Humphrey  for  a  mis- 
dameanor,  in  offering  violence  to  an  establisht  law  of  this  Col- 
ony.    Mr.  Clark  withdrawes  this  charge. 

This  Court  grants  liberty  and  impowers  the  Major  to  take 
the  conuenient  time,  and  what  assises  he  judgeth  meet,  to  pur- 
chase what  land  he  can  of  the  Indians  for  the  use  and  benefitt 
of  the  CoUony  of  Connecticutt. 

This  Court,  for  the  encouragement  of  any  person  that  will 
lay  out  himself  for  the  discouery  of  any  mines  or  mineralls  &c., 
doe  order,  that  whosoeuer  shall  make  such  discoueryes,  and 
purchase  it  for  the  Countrey,  he  shall  be  hono^'ably  rewarded, 
out  of  what  he  doth  discouer  as  aforesayd. 

This  Court  hauing  seriously  considered  the  case  respecting 
James  Ennoe  and  Michaell  Humphrey,  doe  declare  such  prac- 
tises to  be  ofFensiue,  and  may  proue  prejudiciall  to  the  wellfare 
of  this  Collony,  and  this  Court  expects  they  will  readily  come 
to  the  acknowledgment  of  their  error  in  the  paper  by  them  pre- 
sented to  the  Church,  wherupon  the  Court  respitts  and  remitts 
the  sensure  due  for  their  offence,  prouided  answerable  reforma- 
tion doth  foUowe,  expecting  that  their  lenity  therein  will  winne 
upon  the  spiritts  of  those  concerned  in  this  case.  And  this 
Court  doth  approue  of  the  pious  and  prudent  care  of  Windsor, 
in  seeking  out  for  a  supply  and  help  in  the  ministry,  Mr.  War- 
ham  growing  ancient ;  and  do  order  all  persons  in  the  sayd 
plantation  to  allow  their  proportion  towards  the  competent 
maintenance  of  such  a  supply  in  the  ministry.  And  the  Court 
desires  a  friendly  correspondency  may  be  maintayned  at  Wind- 
sor, as  if  this  trouble  had  neuer  been ;  this  Court  declaring  their 
readyness  to  mayntayne  all  the  just  priuiledges  of  all  the  mem- 
bers of  this  Corporation. 

It  is  ordered  by  this  Court,  that  y^  p^ticulars  complayned 
agaynst  Mr.  John  Scott,  be  drawn  out  and  sent  downe  to  the 


OF     CONNECTICUT.  421 

present  ciuil  officers,  the  conseruators  of  the  peace  of  his  Mamies 
subjects  at  New  Hauen,  Milford,  &c.,  and  fully  declared  unto 
them,  and  to  demand  the  said  officers,  in  the  Kings  name,  to 
apprehend  or  cause  to  be  apprehended  the  body  of  the  said 
Scott,  and  peaceably  to  deliuer  him  unto  the  custody  of  C  Mar- 
shall, that  he  may  be  brought  unto  a  tryall  at  Connecticutt,  and 
that  he  may  be  proceeded  w^h  according  to  law,  and  in  case  the 
said  officers  neglect  or  refuse  to  attend  o""  demand  herein,  that 
then  we  doe  charge  them  as  being  guilty  of  abetting  and  con- 
cealing a  malefactor,  therby  preuenting  the  execution  of  justice, 
and  so  o"^  officer  to  returne  and  declare  their  answer  under  the 
hand  or  hands  of  such  officer  or  officers  to  whom  the  demand  is 
made,  unlesse  they  refuse  to  declare  their  answer  in  writing. 

To  all  his  Ma^'es  Subjects  within  these  parts  of  c  Royall 
Soueraigne  Charles,  King  of  England,  Scotland,  France  &  Ire- 
land, his  Dominions  in  New  England  in  America,  especially 
those  plantations  scituate  wt^in  the  limitts  of  the  Corporation 
of  Connecticutt,  These  presents  doe  declare  and  proclaime,  (as 
followeth :) 

That  forasmuch  as  John  Scott,  inhabitant  w^^^in  the  Liber- 
tyes  of  Ashford  (alias  Setawkit,)  on  Long  Island,  stands  charged 
in  the  Court  at  Connecticut  for  sundry  hainous  crimes  and 
practises  seditious,  to  the  great  disturbance  of  the  peace  of  his 
Maties  subjects  on  the  Island  aforesayd;  perticularly,  as  follow- 
eth,— 

1.  Speaking  words  tending  to  the  defamation  of  the  Kings 
Majesty ; 

2diy.  Seditious  practises  and  tumultuous  carriages  in  seuerall 
Plantations ; 

3^h.  Abetting  and  incouraging  the  natiues  in  hostile  prac- 
tises against  one  another ; 

[194]  4.  Vsurpeing  the  authority  of  the  King  in  tendring  to 
pardon  treason,  as  Scott  called  the  crime,  for  bribes; 

5.  Threatning  his  Ma^'es  subjects  with  hanging  and  banish- 
ment ; 

6.  Grosse  and  notorious  prophanation  of  God's  hoi)-  day ; 

7.  Forgery,  and  violation  of  his  solemne  oath  ; 

8.  Acting  treachourously  to  the  Colony  of  Connecticutt ; 

9.  Usurpeing  authority,  upon  pretence  of  a  commission ; 

37 


422  PUBLIC     RECORDS 

10.  Calumniating  a  Commission  officer  in  this  Corporation, 
w*^  the  charge  of  villanous  and  felloneous  practices  ; 

We  doe  therfore  in  his  M^ies  name  desire  and  expect  all  and 
euery  ciuill  officer  who  are  conseriiators  of  the  peace  of  his 
Mamies  subjects  within  the  Plantations  of  N:  Hauen,  Milford, 
Brainford,  Stratford,  Fairefeild,  &c.,  whersoeuer  the  said  Scott 
is  resident,  forthwth  upon  receipt  and  knowledge  of  the  con- 
tents of  the  premises,  to  apprehend  or  cause  to  be  apprehended 
the  body  of  the  said  Scott,  and  peaceably  to  deliuer  him  unto 
the  custody  of  o'  Marshall,  Jonathan  Gilbert  and  his  aiders, 
that  so  he  may  be  conducted  securely  to  Hartford,  that  so  the 
said  Scott  may  come  to  a  due  triall  according  to  law,  for  the 
crimes  herein  specified,  according  to  his  Mamies  Commission  to 

this  Corporation  of  Connecticutt. 

God  saue  the  King. 

You  are  hereby  authorized,  and  in  hisMa^i^s  Name  required, 
upon  the  surrendry  made  of  ye  body  of  John  Scott  unto  yo'^ 
custody,  by  any  of  the  ciuill  officers  within  the  plantations  of 
N:  Hauen,  Branford,  Milford,  Stratford,  Fairfeild,  &c.,  to  bring 
the  s<^  Scott  under  safe  conduct  to  the  goal  at  Hartford,  there 
to  be  secured  to  a  triall  for  seuerall  crimes  laid  to  his  charge ; 
and  you  are  further  required  to  make  diligent  enquiry  wher  the 
said  Scott  is  resident,  and  hauing  certaine  intelligence,  you  are 
forthwith  to  repair  to  the  ciuill  officers  or  officer  in  that  Towne, 
and  to  open  the  declaration,  or  proclamation,  and  the  same  to 
read  unto  them,  or  otherwise  cause  him  to  know  the  contents 
therof,  and  so  to  demand  his  answer ;  and  if  he  or  they  shall 
neglect  or  refuse  to  obserue  and  attend  what  is  therin  demand- 
ed, desire  him  or  them  to  signify  the  same  unto  Authority  here 
establisht,  and  hauing  receiued  the  answer  you  are  to  return 
unto  yo"^  habitation  and  giue  in  the  accompt  of  jo^  pi'ceeds  to 
the  Worpii  Magistrates  at  Hartford.  You  are  further  required 
to  desire  and  demand  a  speedy  answer  from  the  officer  or  offi- 
cers to  whom  you  apply  yourself  for  Scotts  apprehending ;  and 
in  case  the  answer  be  unessessarily  retai^ded,  you  are,  in  this 
Courts  name  to  charge  the  said  officer  with  abetting  and  con- 
cealing a  malefactor,  therby  obstructing  the  course  of  justice. 
But  in  case  Scott  be  gone  beyond  Stratford   Riuer,  you  are  to 


OF      CONNECTICUT.  423 

attend  the  execution  of  yo"*  office  by  apprehending  the  said 
Scott  and  conducting  him  safely,  as  before  exprest. 

March  19*^.  It  is  voated  in  the  Genii  Court  that  John  Gil- 
bert shall  be  allowed  Eleuen  pownds  out  of  the  Publique  Treas- 
ury, for  and  in  consideration  of  his  horse  that  dyed  in  the 
Countrey's  seruice. 

This  Court  have  voated  Mr.  Willis  and  Mr.  Math:  AUyn  to 
go  ouer  to  Long  Island  to  settle  the  Gouerm*  on  the  West  end 
of  the  Island,  according  to  the  aggreemt  at  Hempsted,  in  Feb"" 
last ;  and  those  Gentlennn  are  desired  to  issue  the  matter  twixt 
J:  Scott  &  Bloomer.  And  they  are  farther  desired  to  take  in 
vv^th  them  the  assistance  of  the  Commissionrs  in  those  Townes, 
for  the  regulateing  of  any  disturbances,  as  occasion  is  p'sented. 

[195]     The  seuerall  propositions  propounded  to  the  Court  for 
Answer,  by  Walter  Salter. 
1   Qu:  Whether  we  are  taken  by  Patent  right,  or  not  ? 

1  A:  The  Lines  of  Connecticutt  Patent  extending  to  the  ad- 
joyning  Islands,  and  y^  Townes  on  the  west  end  of  the  Island 
applying  themselues  to  this  Gouerm*  for  rule  and  pi'tection  and 
settlemt  in  Gouerm*,  and  declaritiuely  expressing  the  same  by 
their  Deputies  at  Hempsted,  in  Feb:  last,  upon  the  grounds 
foregoing  we  declare  our  acceptance  of  those  Townes  under 
the  Gouerm'  of  Connecticutt. 

2  Q:  Whether  this  Court  ownes  and  will  mayntayne  the 
Commission  of  Mr.  Allyn,,  and  what  he  hath  done  upon  the 
west  end  of  Long  Island  ? 

An:  In  refference  to  the  p^secution  of  the  settlem*  of  Gou- 
erm*  in  those  Towns  by  Mr.  Allyn,  and  the  issue  that  was 
aggi'eed  on  by  him,  w^h  the  Assembly  at  Hempsted,  as  specified 
in  a  writing  wti»  us,  wherein  the  Deputyes  of  the  seuerall  plan- 
tations there,  in  behalf  of  y^  s*!  Townes,  expresse  their  joynt 
submission  to  this  Gouerm*,  we  do  own  and  accept  those 
Townes  under  o""  present  care  and  gouerm*. 

3  Q:  Whether  by  what  Mr.  Allyn  brought  from  Long  Isl- 
and, Connecticut  hath  power  to  command  us,  or  not  ? 

An:    We  judge  according  to  what  is  returned  to  this  Assem- 


424  PUBLIC     RECORDS 

bly  by  Mr.  Allen,  so  farr  as  we  can  creditt  the  coppy  attested 
by  Anthony  Waters,  nominated  to  be  Clark  of  the  Assembly  at 
Hempsted,  that  this  Assembly  hath  power  to  require  obedience 
of  the  persons  in  those  Townes  to  the  authority  establisht  by  o"^ 
Royall  Soueraigne  Charles  the  2^,  in  the  Corporation  of  Con- 
necticut!. 

These  Answers  were  voted  by  the  Court. 

This  Court  doth  order  that  y^  2^  Wedensday  in  Aprill  next, 
be  solemnly  kept  a  day  of  publique  humiliation,  throughout  this 
Collony,  to  seek  to  God  that  he  would  graciously  be  pleased  to 
smile  upon  us,  and  succeed  the  labors  and  endeauo^ ^  of  his  peo- 
ple, in  the  occasions  of  the  ensuing  yeare ;  that  health  may  be 
continued  amongst  us,  that  peace  and  truth  may  be  establisht 
amongst  c^selues  and  throughout  his  Matins  Dominions. 

This  Court  votes  that  Mr.  Aliens  charges  of  Mr.  Clark,  which 
were  presented  to  the  Court,  are  not  proved  by  Mr.  Allen. 


Mr.  Allyn,  Cap*  Tallcott, 

Mr.  Willys,  John  Allyn. 

The  Magistrates  order  the  Secretary  to  giue  Mr.  Hicks  a 
coppy  of  the  pi'clamation  against  Mr.  Scott,  and  to  insert  that 
the  plantations  of  the  Island  are  required  by  their  officers,  to  act 
as  the  plantations  of  N:  Hauen,  Milford,  Stratford,  &c.  in  the 
mayne,  in  refference  to  the  apprehending  of  Mr.  Scott ;  and 
Hicks  is  to  haue  the  exemplification. 

The  Magistrates  doe  also  desire  and  aduise  the  Inhabitants 
of  Hempsted,  in  case  Thomas  Rushmore  do  continue  to  oppose 
the  Gouermt  of  Connecticutt,  to  chuse  an  able  and  judicious 
man  to  the  office  of  a  Constable,  and  Mr.  Hicks  to  administer 
the  oath  to  him,  they  haueing  first  displaced  the  sayd  Rush- 
more. 

And  it  is  also  ordered,  that  all  the  inhabitants  in  the  English 
Townes  on  the  west  end  of  Long  Island,  yeild  obedience  and 
submitt  to  the  Gouerment  of  those  officers  that  were  chosen  by 
the  respectiue  Townes  according  to  the  aduise  of  the  Collony 
of  Connecticutt ;  and  all  pretended  officers  are  to  stand  by. 


of    connecticut.  425 

[196]     At  a  Generall  Assembly  held  at  Hartford,  May 
THE  12t'i,  1664,  FOR  Election. 

These  are  to  be  put  to  y^  election: — John  Winthrop  Esq^, 
Major  Mason  Esq^,  Mr.  Mathew  Allyn,  Mr.  Samuell  Willys, 
Mr.  Richard  Treat,  Mr.  Nathan  Gold,  Capt  Thomas  Topping, 
Cap*  John  Tallcott,  Mr.  Henry  Woolcott,  Mr.  Dan^  Clarke , 
John  Allyn,  Mr.  Sarn^i  Shearman,  Mr.  John  Howell,  Mr.  Thirs- 
tin  Reynor,  Cap*  Benja:  Nubery,  Mr.  Antho:  Howkins,  Cap' 
John  Younge,  Mr.  Tho:  Fayrechild,  Mr.  Edw:  Palmes,  Mr. 
Bond,  Mr.  Mulford. 

These  were  elected  by  the  freemen  : — 

John  Winthrop  Esq"",  Gou""". 
Major  Mason,  Dep*:  Gouernr. 
Assist". 
Mr.  Math:  Allyn,  Mr.  Henry  Woolcott, 

Mr.  Sami-  Willys,  Mr.  Dan"  Clarke, 

Mr.  Richard  Treate,  John  Allyn  <^  Sec^y, 

Mr.  Nathan  Gold,  Mr.  Samii  Shearman, 

Capt  Thorn:  Topping,  Mr.  John  Howell, 

Capt  John  Tallcott  Sf  Treasurer,  Cap*  John  Younge. 
The  freemen  voted  that  the  Gen^i  Assembly  should  chuse  the 
Commissioners  for  the  year  ensueing. 

The  Deputies  of  the  Court  are  : — 

Mr.  W.  Wadsworth,  Nath:  White,  Rich:  Olmsted, 

Mr.  Wm.  Gaylerd,    Mr.  Joseph  Fitch,  Rob:  Warner, 

Samuel  Boarman,      Mr.  John  Bissell,  Ens:  Auery, 

Mr.  Thorn:  Pell,         John  Nott,  Barnabas  Wines, 

Thom:  Hallsey  Sen^,  John  Bankes,  Mr.  Rich:  Woodhall, 

Hugh  Calkine,  John  Jessop,  Cary  Latham, 

Mr.  Anth:  Howkins,  John  Standly,  Capt:  Seely, 

Mr.  Tho:  Fayrechild,  Ens:  Judson,  John  Ketcham. 
Mr.  Campfield, 

John  Norton,  John  Jud,  Sam^i  Buell,  Timothy  Phelps,  Tho: 
Jud,  Mr.  Hamlin,  Sam^i  Olcott  ; — these  were  made  free  in 
Court. 

Mr.  John  Hicks,  Mr.  Rob:  Coe,  Capt  John  Coe,  Mr.  Wm. 
37* 


426  PUBLIC     RECORDS 

Hallett  were  appoynted  by  the  Townes  to  which  they  doe  be- 
long to  attend  the  Court.* 

This  Court  orders,  that  in  case  the  Gouernour  or  Deputy 
Goun'',  after  y^  Genii  Assembly  is  once  constituted,  should  by 
reason  of  sicknes  or  other  speciall  occations  be  absent  from  the 
Court,  that  then  the  Court  chuse  one  to  act  as  Moderator  in  y^ 
Court,  both  in  ordering  speech  and  silence,  and  in  putting  things 
to  vote. 

This  Court  doth  nominate  and  appoynt  these  to  be  Comission- 
ers  in  the  respectiue  Towns  to  which  they  doe  belonge ; — Mr. 
Anthony  Howkins,  for  Farmington ;  Mr.  Campfield,  for  Nor- 
walke  ;  Mr.  Rob:  Chapman  &  Mr.  John  Clark,  for  Saybrook ; 
Mr.  Bruen  &  Mr.  Palmes,  Ens^  Auery,  for  New  London  ;  Mr. 
Fayrechild,  for  Stratford;  Mr.  Burr,  for  Fayrefeild  ;  Mr.  Jessop, 
for  Westchester. 

[197]t  They  are  to  repair  to  the  next  Magistrate  to  be  sworn, 
and  they  are  invested  with  Magistratical  power  in  the  several 
towns. 

Zerubabell  Phillips  appeals  from  the  particular  Court  at  South 
Hampton,  December  pt,  1663,  in  the  action  of  trespass  com- 
menced against  him  by  Joseph  Reyner,  concerning  a  pit  was 
digged  in  the  common,  whereby  he  was  damnified ;  the  appeal 
is  to  the  General  Court,  but  now  withdrawn. 

This  Court  doth  nominate  and  appoint  Mr.  William  Pitkin, 
in  the  behalf  of  this  Colony,  to  be  their  Attorney,  to  implead 
any  delinquents  in  the  Colony,  till  October  next. 

This  Court  desires  the  Major,  Mr.  Wolcott,  Mr.  Clark,  Mr. 
Sherman  and  John  AUyn,  to  keep  the  Court  on  Monday  next, 
for  the  trial  of  such  cases  or  complaints  as  shall  then  come  un- 
der hand,  or  be  presented  before  them. 

Whereas  his  Majesty  hath  been  graciously  pleased  to  con- 
firm unto  this  Colony,  by  Charter,  all  that  part  of  his  dominions 

*  Mr.  John  Hicks,  was  from  Hempstead  ;  Mr.  Robert  Coe,  from  Jamaica  ;  Capt.  John  Coe, 
from  Newtown  ;  Mr.  Wm.  Hallett,  from  Flushing. 

tHere  occurs  the  first,  and  it  Is  believed  the  only  break  in  the  original  records,  so  far  as  they 
have  been  transcribed.  A  leaf  containing  pages  197  and  198  has  been  torn  from  the  volume, — 
when,  or  by  whose  agency,  cannot  now  be  ascertaind.  The  loss  is  comparatively  recent,  since 
the  volume  was  entire  so  late  as  1810,  when  it  was  copied  by  direction  of  the  General  Assem- 
bly and  under  the  supervision  of  the  Secretary  of  State.  From  that  copy,  which  is  generally 
accurate,  the  missing  pages  have  been  supplied. 


OF     CONNECTICUT.  427 

in  New  England  bounded  as  in  the  said  Charter  is  expressed, 
with  the  Islands  adjoining,  This  Court  doth  declare,  that  they 
claim  Long  Island  for  one  of  those  adjoining  Islands  expressed 
in  the  Charter,  except  a  precedent  right  doth  appear,  approued 
by  his  Majesty. 

This  Court  doth  desire  and  request  the  WorshipfuU  Gouern- 
our,  Mr.  Mathew  Allyn,  Mr.  Willys  and  Captain  Young  to  go 
over  to  Long  Island,  and  to  settle  the  English  plantations  on 
the  Island  under  this  Gouerment,  according  to  instructions 
given  them. 

The  aforesaid  Committee  are  hereby  authorized  to  erect  and 
constitute  Quarter  Courts,  or  appoint  other  fit  seasons  for  the 
keeping  of  Court  for  the  administration  of  justice,  that  all  cases 
may  be  tried  according  to  law,  (life,  limb  and  banishment  ex- 
cepted,) and  to  do  their  endeavours  so  to  settle  matters,  that  the 
people  may  be  both  civilly,  peaceably  and  religiously  governed 
in  the  English  plantations,  so  as  they  may  win  the  heathen  to 
the  knowledge  of  our  Lord  and  Saviour  Jesus  Christ,  by  their 
sober  and  religious  conversation,  as  his  Majesty,  our  Lord  the 
King  requires  in  his  gracious  Letters  Patents  granted  to  his 
subjects  here  in  this  Colony  ;  and  in  case  of  crimes  of  a  capital 
nature,  they  are  to  haue  liberty  to  take  the  opportunity  of  the 
Courts  of  Fairfield  or  Hartford  ;  the  like  liberty  they  have  in 
case  of  review  ;  they  may  also  give  oath  to  those  that  are  ac- 
cepted by  this  Court  for  freemen  on  the  Island,  and  to  do  what 
else  they  judge  may  conduce  for  the  good  of  the  Colony. 

This  Court  orders,  that  those  who  were  propounded  for  free- 
men by  the  Deputies  of  Norwich,  in  October  last,  shall  have  the 
freeman's  oath  administered  unto  them,  by  the  Major ; 

And  that  those  of  West  Chester  have  the  oath  administered 
unto  them  by  Mr.  Jessop  ; 

And  that  those  of  Farmington  have  the  oath  of  freedom  ad- 
ministered to  them  by  Mr.  Hawkins;  This  Court  having  ac- 
cepted of  the  persons  presented  by  the  Deputies  of  the  aforesaid 
towns,  as  freemen. 

This  Court  accepts  Barnabas  Wines  Jun^,  Richard  Benja- 
min, Caleb  Horton,  Benjamin  Horton,  Thomas  Hutchinson, 
Thomas  Moore,  Jeffery  Jones,  for  freemen,  and  Captain  Young 
is  to  administer  the  oath  of  freemen  to  them. 


428  PUBLIC      RECORDS 

This  Court  accepts  John  Burr  to  be  made  free,  and  Mr.  Gould 
is  hereby  authorized  to  administer  the  oath  of  freedom  to  him. 

John  Teed,  Edward  Hornett,  Samuel  Titus,  Thomas  Jones, 
William  Williams,  Samuel  Ketcham,  Joseph  Whitman,  Thomas 
Brush,  Caleb  Curwithee,  Joseph  Bayley,  John  Rogers,  Samuel 
Wood,  Thomas  Workes,  Henry  Whisson,  James  Chichester, 
Henry  Ludlow,  Thomas  Scuddor,  John  Samwayes,  Thomas 
Powell,  Jonathan  Rogers  and  Isaac  Piatt  are  accepted  to  be 
made  free,  and  the  Commissioners  of  Huntington  are  to  admin- 
ister the  oath  of  freedom  to  them. 

Captain  Seely  and  Mr.  Wood  are  appointed  Commissioners 
for  Huntington,  and  Captain  Seely  is  to  administer  the  Com- 
missioners oath  to  Mr.  Wood. 

Ensign  Avery  is  authorized  to  administer  the  oath  of  a  Com- 
missioner to  Mr.  Bruen  and  Mr.  Palmes. 

Mr.  Woodhall  and  John  Ketcham  are  appointed  Commis- 
sioners for  Setawkett ;  and  were  sworn  in  Court. 

Mr.  Thurston  Rayner  is  by  this  Court  chosen  a  Magistrate, 
and  Mr.  John  Howell  is  to  administer  the  oath  to  him  for  the 
faithfull  execution  of  his  office. 

Mr.  Mulford  and  Mr.  Bond  are  appointed  Magistrates  for 
East  Hampton,  and  Mr.  John  Howell  is  hereby  authorized  to 
administer  the  oath  to  them,  for  the  faithful  execution  of  their 
places. 

This  Court  doth  make  choice  of  Barnabas  Horton  for  a  Com- 
missioner for  South  Hold,  and  Capt.  Young  is  to  administer  the 
oath  to  him. 

Mr.  Barton,  Henry  Bering,  Robert  Ackerly,  John  Jener, 
Zach:  Hawkens,  Ralph  Hall,  are  accepted  to  be  made  free. 

This  Court  doth  nominate  Mr.  John  Hicks  and  Mr.  Richard 
Gildersleave  Sen"",  Commissioners  for  the  town  of  Hempstead : 

And  Mr.  Robert  Coe  and  Mr.  Thomas  Benedict,  Commis- 
sioners for  Jamacoe  : 

And  Capt.  John  Coe  and  Mr.  Richard  Betts,  Commissioners 
for  Newtown  : 

And  Mr.  William  Hallett  and  Mr.  Wm.  Noble,  Commission- 
ers for  Flushen : 

And  Mr.  John  Rickbell  and  Robert  Ferman,  for  Oyster  Bay, 
are  Commissioners  : 


OF      CONNECTICUT.  429 

And  Mr.  James  Hubbard  and  Mr.  William  Wilkins,  for 
Graves-inn. 

This  Court  invests  the  several  Commissioners  on  the  Island 
with  Magistraticall  power  on  the  Island. 

This  Court  appoynts  Tho:  Minor  and  Ens:  Tho:  Tracy  to  lay 
out  the  bounds  between  Saybrook  and  New  London,  according 
to  former  grants  ;  and  they  two  are  to  begin  their  measure  at 
some  indifferent  place  by  the  riuer  side ;  prouided  if  any  land 
be  layd  out  to  any  of  Saybrook,  within  the  bounds  of  New  Lon- 
don, they  shall  hold  their  perticuler  propriety  to  those  lands, 
payeing  their  just  dues  to  the  Towne  of  New  London.* 

Ensign  Avery  engageth  to  pay  ten  shillings  to  the  Treasurer 
for  New  London  Petition. 

The  Court  refers  it  to  the  next  session  of  this  Assembly  to 
grant  commission  to  the  several  commission  officers  of  the  Foot 
and  Horse  throughout  this  Colony,  and  desire  that  it  may  be 
then  attended. 

Mr.  Daniel  Clark  was  by  this  Court  confirmed  Captain  of  the 
Troop.  And  Mr.  James  Richards  is  confirmed  Leiftenant  of 
the  said  Troop,  by  this  Court. 

This  Court  confirms  the  order  respecting  the  penalty  laid 
upon  those  that  neglect  or  refuse  to  give  in  a  true  account  of 
all  sorts  of  their  cattle  to  the  List  makers,  which  order  was 
made  March  10th,  1663. 

Mr.  John  Hicks,  Mr.  Robert  Coe,  Capt.  John  Coe,  Mr.  Wil- 
liam Hallett,  had  the  Commissioners  oath  administered  to  them, 
in  Court. 

For  Hempstead,  This  Court  accepts  of  Richard  Gildersleave 
Sen"",  and  Richard  Gildersleave  Jun"",  Mr.  Foredum,  John  Car- 
penter, Edward  Titus,  James  Pine,  Thomas  Carle,  Thomas 
Hicks,  John  Smithman,  Jeremiah  Wood,  John  Smith  Jun', 
Henry  Persell,  William  Scuddine,  William  Yeats,  Robert  Mur- 
uen,  to  be  freemen,  if  they  accept  of  it. 

For  Jamaicoe,  Mr.  Walker,  Thomas  Benedick,  Henry  Witny, 
William  Smith,  Joseph  Smith,  Dan  Penton,  John  Bayless,  Fulk 
Davis,  Thomas  Benedick,  are  accepted  as  freemen,  if  they  ac- 
cept it. 

*  The  orthography  of  this  order  is  made   to  conform  to  a  copy  of  it  certified  by  Secretary 
John  Allyn,  in  167=2.     [Towns  &  Lands,  I.  98.] 


430  PUBLIC     RECORDS 

For  Newtown,  Mr.  Loveridge,  Richard  Betts,  Samuel  Toe, 
Caleb  Loveridge,  Ralph  Hunt,  John  Burrows,  John  Ramsden, 
Nicholas  Carter,  Gershom  Moore,  James  Christy,  are  accepted 
as  freemen,  if  they  accept  of  it. 

For  Flushin,  William  Noble,  Elias  Watty,*  Walter  Salter, 
Richard  Weller,  John  Thorne,  Nicholas  Persell,  Thomas 
[  t]  Jonathan   [  f  ]   William  Salsbee,  John 

Heeded,  are  accepted  as  freemen,  if  they  accept  it. 
[199]     This  Court  made  choyce  of  the  WorpH  Gouernour  and 
Mr.  Math:  Allyn  for  Commissioners  for  the  year  ensuing ;  Mr. 
Willys  is  appoynted  for  a  reserue. 

This  Court  doth  grant  liberty  to  the  Marshall  to  retaile  wine, 
vntill  some  other  be  provided  to  supply  w^h  wine,  that  the  Court 
approues  of,  or  the  Court  call  in  this  lycense ;  he  attending  the 
order  in  the  premises. 

The  Court  made  choyce  of  Jonathan  Gilbert  for  Marshall 
for  the  year  ensueing. 

May  19.  The  Court  is  adjourned  till  to  morrow  eight  of  the 
clock. 

The  Major  &  the  Com^s  of  New  London  are  desired  to  take 
a  speedy  course  to  secure  the  fine  due  from  Clay,  and  to  issue 
any  misdemeanor"  at  New  London  or  Saybrook  as  speedy  as 
may  be,  and  the  Major  may  desire  some  other  help  if  he  sees  it 
necessary. 

This  Court  doth  appoynt  Mr.  Wadsworth  &  Mr.  Fitch  to 
make  an  addition  to  the  prison  house,  so  as  they  judg  meete  for 
the  conueniency  of  the  Countrey,  vpon  the  Countreys  acco*. 

This  Court  upon  due  deliberation  doth  order,  that  all  the  es- 
tate of  Mr.  John  Scott  w^hin  this  Colony  be  sequestred  vntill 
the  Court  order  otherwise ;  and  y^  Comics  in  the  seuerall 
Townes  are  hereby  ordered  to  take  an  exact  Inuoyes  of  all  the 
sayd  Scotts  estate  as  remaynes  in  their  respectiue  Townes,  and 
see  it  be  secured  and  kept  from  imbezelment  dureing  the  Courts 
pleasure. 

This  Court  orders  that  Mr.  Hagborns  vessell  that  Ralph 
Parker  and  Sam:  Chester  prized  at  one  hundred  pounds,  shall 
be  delivered  at  that  prize  to  Ln*  Bull,  (for  Mr.  Russels  vse,)  by 

♦  Doughty  1    Eliaa  Doughty  had  been  a  Magistrate  in  Flushing,  the  year  previous. 
t  These  blanks  occur  in  the  copy  of  1810. 


OF      CONNECTICUT.  431 

the  Constable  of  New  London,  to  answer  in  part  the  verdict  of 
the  Court  that  Ln*  Bull,  as  Mr.  Russels  attourney,  recouered 
agnst  Samuel  Hagborn  ;  and  for  the  remaynder  of  the  verdict, 
the  Constable  of  New  London  is  to  secure  the  person  of  the 
sayd  Hagborn  untill  he  doth  produce  some  currant  reall  estate 
to  answer  y^  verdict,  which  estate  when  it  is  produced,  it  is  to 
be  apprized  by  Ens:  Auery,  Mr.  Palmes,  Shepherd  Smith,  Mr. 
Duglass,  or  any  three  of  them,  and  the  estate  to  be  deliuered  to 
Lnt  Bull  as  afoarsayd.  The  bills  are  to  be  returned  agayne  to 
Mr.  Hagborn,  that  are  in  the  Constables  hand,  and  when  the 
debt  is  answered  the  sayd  Hagborn  is  to  be  releassed. 

The  Court  is  adjourned  till  the  Gouerno^,  or  Dep:  Gouernour 
see  cause  to  call  it  agayne. 

May  24tii:  1664  :  The  Councill  order  the  Treasurer,  in  those 
Warrants  that  now  he  sends  forth  to  Long  Island  for  the  Rate, 
should  be  payd  in  Wheat  and  Pease,  or  that  which  is  equiu- 
olent. 


[200]     At  a  Generall  Assembly  held  at  Hartford,  Octob^ 

13th,   1G64. 

John  Winthrop  Esq^,  Goun"", 

Major  Mason,  Dep*  Gou''. 

Mr.  Mathew  AUyn,  Capt  John  Young, 

Mr.  Sam"  Willys,  Mr.  John  Howell, 

Mr.  Henry  Woolcott,  Mr.  Sam^i  Shearman. 
John  Allyn,  ^  Secrefy. 

Deputies  : 

Mr.  Wm.  Wadsworth,  Francis  Griswold, 

Mr.  Jos:  Fitch,  Mr.  Thomas  Fairchild, 

Capt.  Benj.  Nubery,  Mr.  Isack  Nichols, 

Mr.  John  Moore,  Mr.  Rob:  Chapman, 

John  Nott,  Ens:  Wm.  Waller, 

Sam^i  Boreman,  Thomas  Hunt, 

Mr.  Antho:  Howkins,  Lnt  John  Budd, 

Sargt  John  Standley,  Sargt  Wm.  Cornwell, 

Mr.  Cornel:  Hull,  Wm.  Cheeny, 

Mr.  John  Bankes,  Ens:  James  Aucry, 


432  PUBLIC     RECORDS 

Mr.  Math:  Campfeild,  Mr.  James  Rogers, 

Ln*  Rich:  Olmsteed,  Mr.  Wm.  Chesbrough. 

The  Major  propounding  to  the  Court  to  take  up  his  former 
grant  of  a  farme,  at  a  place  by  the  Indians  called  Pomakuck, 
neer  Norwich,  The  Court  grants  liberty  to  him  to  take  up  his 
former  grant  in  that  place,  upon  the  same  tearms  as  it  was 
granted  to  him  by  the  Court.  Ens:  Thomas  Tracy  and  Francis 
Griswold  are  appoynted  to  lay  it  out,  according  to  the  former 
grant. 

Whereas,  Mr.  Wm.  Thomson,  of  New  London,  is  remoueing 
himselfe  from  thence  to  Virginia,  and  is  indebted  by  Bills  the 
sume  of  Twenty  nine  pounds,  seven  shillings  and  fower  pence, 
which  Bill  is  in  the  hands  of  John  Packer,  This  Court  orders 
the  Constable  of  New  London  to  secure  so  much  of  the  estate 
of  Mr.  Thomson  in  his  hands,  as  it  shall  be  apprized  by  indiffer- 
ent men,  and  the  sayd  Constable  is  to  keep  it  in  his  hands,  till 
he  hath  order  from  this  Court  or  the  Court  of  Magistrates,  to 
dispose  of  it  to  the  right  owner  which  is  according  to  Mr.  Thom- 
sons tender  to  the  Court  of  Magistrats,  Octob''  IV^,  1664. 

This  Court  orders,  that  if  any  officer  or  soldier  shall  neglect 
or  refuse  to  attend  the  command  of  their  chiefe  comander  in  any 
parte  of  the  time  of  their  exercise,  they  shall  forfeit  for  euery 
such  defect  two  shillings,  which  the  dark  of  the  band  is  hereby 
authorized  to  distreine,  which  fine  is  to  be  improued  for  the  use 
of  the  company,  and  in  case  they  haue  not  where  w^^all  to  pay 
there  fine,  the  officers  are  hereby  impowered  to  cause  such  other 
punishment  to  be  inflicted  upon  them  as  the  nature  of  there  of- 
fence shall  deserue. 

The  list  of  estates  presented  : — 
For  Hartford,  19365  :  18  :  0  For  Stratford,  10227  :  11  :  0 
For  Windsor,  16763  :  00  :  0  For  Fayrefeild,  11746  :  11  :  0 
For  Wethersfeild,11987  :  02  :  0  For  Norwalke,  5230  :  17  :  0 
For  Farmington,  07021 :  11  :  0  For  New  London,  8040  :  60  :  0 
For  Norwidge,  03892  :  00  :  0  For  Say  brook,  8397  :  12  :  0 
For  Middleton,      03583  :  06  :  0 

For  Fayrefeild,  John  Bur,  Rob:  Turny,  John  Knowles,  Joseph 
Lockwod,  Rob:  Beecham,  Simon  Crowch,  John  Barlow  Sen^, 
John  Barlow  Jun"",  James  Euarts,  Peter  Cooly,  Thomas  Sher- 
wood,  Wm.  Heyden,   John  Growman,  Francis  Bradley,  John 


OF     CONNECTICUT.  433 

Hoite,  Steuen  Sherwood,  Nath:  Burr,  Rich:  Lyon,  Mr.  Wake- 
man,  Thomas  Bennit,  Thomas  Wilson,  James  Bears,  John  Odill, 
Sam^i  Morehouse,  Thomas  Morehouse,  Mathevv  Sherwood, 
Richard  Hubbell,  were  accepted  to  be  made  free,  and  Mr. 
[201]  Gould  II  and  Mr.  Sherman  are  appoynted  to  administer 
the  oath  of  ireedome  to  them  in  [  ]  next,  if  nothing  fall  in 

as  a  just  exception  in  the  interem. 

For  Norvvalke,  Danii  Kellog,  Math:  Maruen,  Thomas  Betts, 
Mark  Senssion,  John  Bouten,  Edward  Nash,  Thomas  Lupton, 
are  accepted  to  be  made  free,  and  Mr.  Campfeild  is  to  adminis- 
ter the  oath  of  freedome  to  them  in  May  next,  if  nothing  fall 
in  as  a  just  exception  against  either  of  them  in  the  interrem. 

This  Court  orders,  that  all  dwelling  houses  and  barnes,  shall 
for  the  future  be  exempted  from  the  list  of  estates,  and  all  other 
houses  except  warehouses. 

For  Farmington,  Wm.  Corbett  is  propownded  for  a  freeman. 

This  Court  doth  grant  Mr.  John  Westall  a  lycense  to  keep  an 
ordinary  or  house  of  enterteinment,  at  Saybrook. 

This  Court  appoyntes  Ens:  Waller  to  act  as  an  administra- 
tor w*^  John  Clarke  Sen^"  in  the  ordering  and  disposall  of  the 
estate  of  Joseph  Clarke,  according  to  his  will. 

This  Court  orders  Sam'^  Boreman,  Mr.  Chester  &  Sam^' 
Wells  to  dispose  of  the  estate  of  Math:  Williams  his  wife,  for  the 
payment  of  what  debts  are  due  from  the  estate,  so  farr  as  it 
will  goe. 

This  Court  orders  that  Colonell  Nichols,  and  the  rest  of  the 
Coral's  be  presented  w^h  fiue  hundred  bush:  of  Corn,  as  a  pres- 
ent from  this  Colony. 

This  Court  abate  John  Prentice  halfe  his  fine  of  fiue  pownds, 
&;  he  is  to  pay  ten  shillings  for  his  petition. 

Mistick  &  Pawcatuck  haueing  by  Mr.  Cheesbrook  petitioned 
this  Court  for  their  fauoure  to  pass  by  their  offences,  the  Court 
haueing  considered  the  same  doe  hereby  declare  that  what  irreg- 
ularities or  abusiue  practices  haue  proceeded  from  them,  where- 
by they  haue  seemed  to  offer  contempt  to  the  authority  here 
established,  it  shall  be  forgiuen  and  buryed  in  perpetuall  obliu- 
ion  and  forgetfuUness,  and  this  to  extend  it  selfe  to  all  y^  mem- 
bers of  the  afoarsayd  plantation,  Captayn  Denisononely  except. 
38 


434  PUBLIC     RECORDS 

ed,  "whoe  hath  neglected  or  refused  to  submitt  himselfe  peacea- 
bly to  the  order  of  the  Councill  of  this  Colony. 

This  Court  expects  and  orders  that  Mistick  &  Pawcatuck 
doe  present  a  true  list  of  their  estates  to  the  Treasurer,  wthin, 
the  space  of  a  moneth,  and  that  they  be  rated  according  to  their 
proportions,  for  this  year  and  the  last,  w*^  other  Townes  ;  they 
are  to  take  a  list  of  all  the  cattell  that  they  had  in  August  last, 
and  those  cattell  that  are  left  out  of  their  list  shall  be  forfeited, 
which  is  according  to  order  of  Court ;  and  they  are  allso  to 
pay  twenty  pownds,  which  is  their  proportion  of  the  Patent 
rate. 

This  Court  grants  Sam^i  Gibbs  a  lycense  to  sell  nine  or  ten 
quarter  caske  of  Wine,  by  the  gallon,  to  his  neighbours  or  those 
that  will  buy  it ;  and  he  freely  presents  the  Court  w^h  an  anchor 
of  the  best  of  his  wine,  which  the  Court  desires  him  to  leaue 
wth  the  Gouernour. 

The  Court  appoynted  Mr.  Campfeild,  Deacon  More,  Mr, 
Fayrechild,  Mr.  Hull  and  Ln*  Olmsteed,  as  a  Comittee  to  ripen 
the  busines  respecting  the  calfe  in  controuersie  between  Mr. 
Lord  and  Dan^i  Cone,  whoe  returne  that  they  haueing  veiwed 
the  sayd  beast  and  the  evidences  of  both  sides,  doe  iudge  it  to 
be  Mr.  Lord's  steare.  The  Court  confirmes  this  y^  determina- 
tion that  the  stear  doth  belong  to  Mr.  Lord. 

The  Maior  testifyeth  that  Vncass  did  beat  out  Sunckquasson 
and  his  men  out  of  theire  country  in  a  just  warre  (as  Mr.  Haines 
and  the  Major  conceiued,)  and  deliuered  vp  his  right  from 
Tomheganomset  upwards  to  the  English,  whoe  gaue  the  sayd 
Sunckquasson  and  his  men  leaue  to  hunt  to  that  Brooke ;  and 
there  was  a  parcel  of  land  at  Wonggum  reserued  for  the  pos- 
terity of  Sowheage. 

The  Court  orders  that  Vncass  his  couenant  about  the  Pe- 
quitts  &c.,  and  his  right  to  the  lands  at  and  about  New  London, 
shall  be  duely  considered  by  the  Court,  and  issued  (as  allso 
Quinibage  lands,)  in  some  conuenient  time  the  next  Court. 

Major  Mason  testifyes  that  James,  alias  Allums,  did  (before 
Vncass  and  many  other  Indians)  in  his  presence  affirm  that  he 
had  giuen  all  his  land  to  old  Mr.  Winthrop.  It  was  at  the  same 
time  when  they  receiued  a  letter  from  Mr.  Endicott,  wherein 
he  thankt  him  for  land  they  had  giuen  him. 


OF      CONNECTICUT.  435 

[202]  This  Court  doth  hereby  impower  Mr.  Wm.  Cheesbrooke, 
Mr.  Thomas  Stanton  and  Mr.  Thomas  Minor,  to  issue  and 
determine  all  cases  that  shall  be  brought  before  them,  to  the 
value  of  forty  shillings,  to  grant  summons  according  to  lawe 
to  any  that  desire  it,  to  summon  men  to  appeare  before  them  or 
at  any  Court  in  this  Colony,  and  to  marry  persons,  and  punish 
for  criminall  matters  to  the  value  of  forty  shillings,  or  by  stocks. 

This  Court  doth  nominate  and  appoynt  Major  Mason,  Mr. 
Math:  Allyn,  Mr.  Willys,  Capt:  Tallcott,  Capt:  Newbery,  or 
any  three  of  them,  to  be  a  Committee  in  the  behalfe  of  this 
Colony  to  use  their  endeauours  to  issue  and  setle  the  bownds  of 
the  Colony  between  the  Bay  and  vs,  and  Road  Island  and  vs, 
and  o""  Sowth  bownds ;  and  this  Court  doth  order  and  deter- 
mine that  the  sayd  Committee  shall  not  giue  away  any  parte  of 
the  bownds  of  or  Charter ;  and  what  c  Committee  shall  doe  in 
the  premises,  according  to  this  order,  is  hereby  rattifyed  and 
confirmed.  Mr.  John  Allyn  is  to  attend  this  seruice  in  the  ab- 
sence of  the  Major  or  his  Father. 

Mr.  James  Richards  was  admitted  a  freeman  of  this  Cor- 
poration, and  accordingly  the  oath  of  freedome  was  administred 
to  him. 

Mr.  Danii  Clarke  refuseing  to  accept  of  the  place  of  an 
Assist,  Mr.  James  Richards  was  chosen  an  Assis'  for  this  Col- 
ony, till  the  election  in  May  next,  and  had  the  oath  administred 
to  him. 

Mr.  Allyn  Sen^  or  Jun>-,  Mr.  Gold,  Mr.  Richards  and  Capt: 
"Winthrop  are  desired  to  accompany  the  Gouernour  to  New 
Yorke,  to  congratulate  his  Majesties  Honourable  Corn''s.  And 
if  an  oppertunety  offer  itselfe  that  they  can  issue  the  bounds 
between  the  Dukes  Patten  &  o^s  (so  as  in  theire  judgments 
may  be  to  the  satisfaction  of  the  Court)  they  are  impowred  to 
attend  the  same.  Mr.  Howell  and  Capt:  Young  are  desired  to 
atend  the  same  seruice. 

The  Court  orders  that  Mr.  Clarkes  paper  left  in  Court  shall 
be  giuen  to  him,  or  his  name  rasd  out  of  it  by  the  Secretary. 

The  Court  grants  a  rate  of  two  pence  farthing  upon  the 
pound,  for  all  the  rateable  estate  of  the  Colony. 

This  Court  leaues  it  w^^  the  Councill  to  appoint  a  fitting 
season  for  a  day  of  Thanksgiueing. 


436  PUBLIC     RECORDS 

The  Court  doe  order  that  the  Committee  that  doe  goe  to 
New  Yorke  shall  consider  Case  his  businesse 

The  Court,  upon  the  complaint  of  Dan^i  Garrad  that  Mr. 
John  Scott  made  an  escape  from  him,  being  in  his  debt  for  dyat 
and  time  tending  on  him,  twelue  weekes,  and  for  other  expen- 
ces,  This  Court  grants  him  ten  pownds  for  it,  out  of  John 
Scotts  estate,  if  he  can  com  at  it,  and  Capt:  Young  is  desired 
to  help  him  to  it. 

This  Court  grants  Mr.  Pitkin,  Twenty  Nobles,  out  of  Mr. 
Scotts  fine,  for  his  paines  in  prosecuteing  the  sayd  Scott. 

This  Court  grants  Mr.  Sam^i  Sherman  a  farme  of  two  hun- 
dred and  fifty  acres  of  land  upon  New  Hauen  Riuer,  whereof 
fifty  acres  may  be  meadow,  so  it  be  out  of  the  bounds  of  the 
Towne. 

This  Court  grants  Mr.  Math:  Allyn  liberty  to  take  up  a  lott 
at  Homonoscitt,  though  he  doth  not  goe  to  dwell  on  it,  and  en- 
joy it,  him  and  his  heirs  foreuer. 

This  Court  orders  that  Ln^  Bud  continue  in  his  place  of  Com*' 
for  Hasting  and  Rye,  vntill  the  Court  order  otherwise,  or  the 
Goun"^  and  Gent^i  that  goe  to  New  Yorke. 

This  Court  orders  the  Treasurer  by  his  Warrant  to  require 
the  Constable  of  Sowthhold  to  gather  a  rate  upon  the  inhabit- 
ance  of  the  saide  Towne,  to  the  same  value  as  he  doth  on  the 
Towne  of  East  Hampton. 

[203]     A  letter  was  drawn  up  and  sent  to  East  Hampton,  the 
contents  whereof  were  as  followeth  : 

Gent°:  Respects  being  presented,  these  lines  are  to  acquainte 
you  that  we  are  informed  by  persons  of  creditt,  that  there  is  a 
mare  of  Sowth  Hampton  shott  (by  some  of  your  inhabiiance, 
as  is  supposed,)  which  (if  it  be  true)  we  cannot  but  look  at  it 
as  very  vnneighbcurly,  and  doe  desire  that  such  unneighbourly 
and  unchristian  motions  be  forborne  for  the  future,  and  desire 
that  due  sattisfaction  may  be  made  for  such  damage  as  the 
owner  of  the  mare  receiues  by  her  being  shott,  w^i^out  any 
suits  of  law.  We  doe  allso  desire  that  you  would  be  pleased 
this  winter  season  to  provide  and  make  a  sufficient  fence  about 
your  improueable  lands,  that  soe  you  may  secure  your  labour 
from  damage  by  cattell,  (water-fences  will  not  be  judged  suffi- 
cient, where  it  is  passable  for  cattell  w^'^out  swiming,  at  low 
water,)  and  in  the  mean  season,  that  you  doe  not  exact  dam- 
age, or  trouble  men  by  impounding  there  cattell,  vntill  you  haue 
made  a  sufficient  fenc  about  your  feilds,  not  els.    Desiring  your 


OF      CONNECTICUT,  437 

complyance  w'*^  o''  desires  in  the  premises,  we  rest,  Your  as- 
sured freinds,  The  Geii'i  Assembly  of  the  Colony  of  Conecti- 
cutt.     Signed  p^  their  order,  p''  me, 

John  Allyn,  Secrefy. 

This  Court  desires  and  appoyntes  Mr.  Sherman  and  the 
Secrefy  to  goe  to  New  Haven,  &c.  and,  by  order  from  this 
Court,  in  his  Majesties  name,  to  require  all  the  inhabitance  of 
New  Hauen,  Milford,  Branford  &,  Guilford,  Standford,  to  sub- 
mit to  the  Gouerment  here  established  by  his  Majesties  gracious 
grant  to  this  Colony,  and  to  take  there  answer.  And  they  are 
hereby  authorized  to  declare  all  the  present  freemen  of  New 
Hauen,  Milford,  Brandford,  Guilford  &  Standford,  that  are 
qualifyed  according  to  lawe,  to  be  freemen  of  this  corporation, 
soe  many  of  them  as  shall  accept  of  the  same  and  take  the 
freemans  oath.  And  they  are  hereby  authorized  to  make  as 
many  freemen  as  they  shall  by  sufficient  testimony  finde  qual- 
lyfyed,  according  to  order  of  Court,  in  that  respect,  and  to  ad- 
minister the  oath  of  freedom  to  them. 

They  are  also  to  declare,  that  this  Court  doth  inuest  Wm. 
Leete  Esq^,  Wm.  Joanes  Esq"-,  Mr.  Gilbert,  Mr.  Fenn,  Mr. 
Crane,  Mr.  Treat,  Mr.  Lawes,  w^h  Magistraticall  power,  to 
assist  in  the  Gouerment  of  those  plantations  and  the  people 
thereof,  according  to  the  lawes  of  this  corporation,  or  so  many 
of  theire  owne  lawes  and  orders  as  are  not  contradictory  to 
the  tenc  of  our  Charter,  vntill  May  next ;  and  if  any  of  these 
aboue  named  refuse  to  accept  to  gouern  the  people  as  afoarsayd, 
then  Mr.  Shearman  and  the  Secrefy  are  hereby  authorized  to 
appoynt  some  other  fitt  persons  in  there  roome,  and  to  adminis- 
ter an  oath  to  them  for  the  faythfuU  execution  of  the  trust  com- 
mitted to  them.  And  to  declare  that  all  other  military  and 
ciuill  officers  are  established  in  their  respectiue  places,  vntill 
the  Court  in  May  next. 

And  they  are  allso,  by  order  from  this  Court,  to  declare  that 
they  will  not  call  to  acco*  what  hath  formerly  passed  to  an  is- 
sue in  their  courts  of  judicature. 

This  Court  desires  Mr,  Allyn  and  Mr.  Richards  to  attend  the 
searuice  that  Mr.  Shearman  and  the  Secrefy  were  to  attend 
at  Standford. 
(This  Court  vnderstanding  by  a  writing  presented  to  them 
38* 


438  PUBLIC     RECORDS 

from  seuerall  persons  of  this  Colony,  that  they  are  agrieved 
that  they  are  not  interteined  in  church  fellowship ;  This  Court 
haueing  duely  considered  the  same,  desireing  that  the  rules  of 
Christ  may  be  attended,  doe  commend  it  to  the  ministers  and 
churches  in  this  Colony  to  consider  whither  it  be  not  their  duty 
to  enterteine  all  such  persons,  whoe  are  of  an  honest  and  godly 
conuersation,  haueing  a  competency  of  knowledg  in  the  prin- 
ciples of  religion,  and  shall  desire  to  joyne  w^h  them  in  church 
fellowship,  by  an  explicitt  couenant,  and  that  they  haue  their 
children  baptized,  and  that  all  the  children  of  the  church  be 
accepted  and  accord  reall  members  of  the  church,  and  that  the 
church  exercise  a  due  christian  care  and  watch  ouer  them  ;  and 
that  when  they  are  growne  up,  being  examined  by  the  officer 
[204]  in  the  presence  of  the  church,  ||  it  appeares,  in  the  judg- 
ment of  charity,  they  are  duely  qualifyed  to  perticipate  in  that 
great  ordinance  of  the  Lords  Supper,  by  theire  being  able  to 
examine  themselues  and  discerne  the  Lords  body,  such  persons 
be  admitted  to  full  comunion. 

The  Court  desires  y*  the  seuerall  officers  of  y^  respectiue 
churches,  would  be  pleased  to  consider  whither  it  be  not  the 
duty  of  the  Court  to  order  the  churches  to  practice  according 
to  the  premises,  if  they  doe  not  practice  w*^^out  such  an  order. 
If  any  dissent  from  the  contents  of  this  writing  they  are  de- 
sired to  help  the  Court  w^i^  such  light  as  is  w^^  them,  the  next 
Session  of  this  Assembly. 

The  Court  orders  the  Secrefy  to  send  a  copy  of  this  writing 
to  the  seuerall  ministers  and  churches  in  this  Colony. 

The  Court  is  adjourned  till  the  Gouernour  or  Dep:  Gouer- 
nour  see  cause  to  call  it  againe. 


At  a  Generall  Assembly  held  at  Hartford,  Aprill 
20th,  1665. 

John  Winthrop  Esq'',  Gounr. 
Mr.  Math:  AUyn,  Mr.  Henry  Woolcott, 

Mr.  Samii  Willys,  Lnt  James  Richards, 

Mr.  Rich:  Treat,  Lnt  John  Allyn,  Sed'y. 

Capti  John  Tallcott, 


OP    CONNECTICUT 


439 


Deputies : 
Mr.  William  Wadsworth,  Mr.  Isack  Nichols, 

Mr.  Joseph  Fitch,  Mr.  John  Clarke, 

Capt  Benj:  Nubery,  Mr.  George  Clarke, 

Deacon  John  More,  Sarj*  Wm.  Cornwell, 

Samuel  Boreman,  Wm.  Cheeny, 

John  Nott,  Tho:  Cooke, 

Mr.  James  Rogers,  Mr.  Robert  Chapman, 

Mr.  Anthony  Howkins,  Mr.  James  Bishop, 

Ens:  James  Auery,  John  Cooper, 

Sarj:  John  Standley,  Ln^  Sam''  Swaine, 

Mr.  John  Bankes,  John  Wilford, 

Mr.  Cornel:  Hull,  John  Fowler. 

Mr.  Thomas  Fayrechild, 
S^  Robert  Carr,  Colonel  Georg  Cartwright,  Samuel  Mauerick 
Esqrs,  his  Majesties  Honourable   Com""^  propositions  were  pre- 
sented to  this  Court  and  read,  and  are  as  followeth  : 

1.  That  all  householders  inhabiting  this  Colony  take  the  oath 
of  allegiance,  and  that  the  administration  of  justice  be  in  his 
Majesties  name. 

To  this  we  returne,  that  according  to  his  Majesties  pleasure 
exprest  in  o""  Charter,  o"^  Gouernour  formerly  hath  nominated 
and  appoynted  meet  persons  to  administer  the  oath  of  allegiance, 
whoe  haue,  according  to  their  order,  administred  the  s^  oath  to 
seuerall  persons  allready ;  and  the  administration  of  justice 
amongst  us  hath  been,  is  and  shall  be  in  his  Majesties  name. 

2d.  Propos:  That  all  men  of  competent  estates  and  of  ciuill 
conuersation,  though  of  different  judgments,  may  be  admitted  to 
be  freemen,  and  haue  liberty  to  chuse  or  to  be  chosen  officers, 
both  military  and  ciuill. 

To  the  2d,  our  order  for  admission  of  freemen  is  consonant 
w^h  that  proposition. 

3.  Propos:  That  all  persons  of  ciuill  Hues  may  freely  injoy 
the  liberty  of  their  consciences,  and  the  worship  of  God  in  that 
way  which  they  thinke  best,  prouided  that  this  liberty  tend  not 
to  the  disturbance  of  the  publique.  nor  to  the  hindrance  of  the 
mayntenance  of  ministers  regularly  chosen  in  each  respectiue 
parish  or  township. 

To  the  3d.  propos:  we  say,  we  know  not  of  any  one  that 
hath  bin  troubled  by  us  for  attending  his  conscience,  prouided 
he  hath  not  distu'^bed  the  publique. 


440  PUBLIC     RECORDS 

4.  Propos:  That  all  lawes  and  expressions  in  lawes,  deroga- 
tory to  his  Majestic,  if  any  such  hauc  bin  made  in  these  late 
troublesome  times,  may  be  repealed,  altered  and  taken  off  the 
file. 

To  the  4th  prpos:  we  return,  we  know  not  of  any  lawe  or 
expressions  in  any  law  that  is  derogatory  to  his  Majesty  amongst 
us ;  but  if  any  such  be  found,  we  count  it  o""  duty  to  repeal, 
alter  it,  and  take  it  off  the  file,  and  this  we  attended  upon  the 
receipt  of  our  Charter. 

[205]  This  Court,  upon  the  humble  petition  of  Jasper  Gunn, 
haue  granted  fine  pownds  to  be  paid  unto  Mr.  Crow  next  yeare, 
in  leiw  of  parte  of  his  fine. 

This  Court  frees  Isack  More  from  training,  he  haueing  form- 
erly bin  cheif  officer  of  the  Traine  Band  of  Farmington. 

This  Court  doth  repeal  the  former  order,  which  constituted 
and  impowred  a  Councill,  made  March  the  ll^h,  166|. 

This  Court  orders  that  Mr.  Wm.  Leete,  Mr.  Wm.  Joanes,  Mr, 
Benjamin  Fenn,  Mr.  Math:  Gilbert  Mr.  Jasper  Crane,  Mr. 
Alexander  Bryant,  Mr.  Lawes,  shall  be  read  at  the  Election 
for  nomination  for  Assistants.  Mr.  Rot:  Treat  allso  is  nomi- 
nated for  election  ;  Mr.  Welles,  Mr.  Newbery  &;  Mr.  Howkins 
were  allso  nominated,  and  Mr.  Clarke. 

This  Court  doth  hereby  declare  that  all  former  actings  that 
haue  past  by  the  former  power  at  New  Hauen,  so  farr  as  they 
haue  concerned  this  Colony  (whilst  they  stood  as  a  distinct 
Colony,)  though  they  in  their  ovvn  nature  haue  seemed  uncom- 
fortable to  us,  yet  they  are  hereby  buryed  inperpetuall  obliuion, 
neuer  to  be  called  to  account. 

This  Court  doth  approue  of  the  inhabitants  of  Midleton's  en- 
deauours  to  enter  into  church  fellowship,  and  doe  desire  that 
they  would  proceed  therein  according  to  the  order  of  the  gos- 
pell,  and  take  the  aduice  of  the  neighbour  elders  and  churches. 

This  Court  doth  appoynt  Ensigne  Auery,  Ensigne  Thomas 
Tracy,  and  John  Gallop,  Thomas  Minor,  or  any  three  of  them^ 
to  lay  out  a  conuenient  percell  of  land,  for  Robin  and  his  com- 
pany to  plant  vpon,  at  or  near  the  head  of  Mistick  Riuer,  pro- 
uided  it  be  not  in  the  bownds  of  any  of  the  plantations,  &  to 
make  returne  hereof  to  y^  Court  in  May  next. 

In  refference  to  y«  motion  of  Coll:  Richard  Nichols  to  o"^ 


^Jif^  ^in^ 


(G-orernoj\) 


^^^isiccn  ts.  J 


OF      CONNECTICUT.  441 

Gentlemen,  for  assistance,  in  case  of  forraigne  inuassions,  it 
being  a  matter  of  waighty  importance,  it  is  left  to  the  serious 
consideration  of  the  Gen^'  Assembly  in  May  next. 

In  refference  to  what  was  moued  about  Capt"  Scotts  fine, 
the  Deputies  declare  that  they  feare  his  fine  will  not  sattisfye 
the  charge  and  damage  which  he  put  this  Colony  to,  but  when 
that  is  issued  the  case  may  be  farther  considered. 

Respecting  what  Vv-as  moued  about  a  speedy  conuayance  of 
of  Letfs,  the  Court  will  consider  &  aduice  w^^^  neighbour  Colo- 
nyes,  what  will  be  best  in  that  case. 

The  Court  desires  Mr.  Willys  and  Mr.  Richards  to  draw  vp 
a  writing  in  answer  to  what  was  moued  about  Duke  Hamble- 
ton's  Petition,  and  to  present  it  to  the  next  Courte. 


[J\rote.  The  General  Court  of  New  Haven  Colony,  at  their  session  in  December.  1664,  had 
assented,  conditionally,  to  the  necessity  of  union, and  voted  that,  "in  loyalty  to  the  King's  Maj- 
esty, when  an  authentic  copy  of  the  determination  of  his  Majesty's  Commissioners  is  published, 
to  be  recorded  with  us,  if  thereby  it  shall  appear  to  our  Committee  that  we  are.  by  his  Majesty's 
authority,  now  put  under  Connecticut  Patent,  we  shall  submit,  by  a  necessity  brought  upon  us, 
by  the  means  of  Connecticut  aforesaid ;  but  with  a  salvo  jure  of  our  former  rights  and  claims, 
as  a  people,  who  have  not  yet  been  heard  in  point  of  plea."  A  Committee  was  accordingly 
appointed  to  confer  with  Connecticut  and  to  complete  the  union.  In  a  letter  to  Connecticut , 
Jan.  5th,  1664-5,  Mr.  Bishop,  (a  member  of  the  New  Haven  committee,  and  by  their  order) 
writes  that  "  having  .^een  the  copy  of  his  Majesty's  Commissioners'  determination  (deciding  the 
bounds  betwixt  his  highness  the  Duke  of  York  and  Connecticut  charter,)  we  do  declare  submis- 
sion thereunto,  according  to  the  true  intent  of  our  vote,  unto  which  we  refer  you."  &c. 

The  union  of  the  two  colonies  was  now  virtually  complete.  The  Magistrates  of  New 
Haven,  having  been  formally  "  Invested  with  Magistratlcal  power  to  assist  in  the  government  of 
those  plantations  &.the  people  thereof,"  by  the  General  Court  of  Connecticut,  and  "all  other 
military  and  civil  officers  established  in  their  respective  places,"  continued  to  exercise  their 
former  authority  in  New  Haven  Colony,  until  the  General  Election  in  May  :  at  which  time  the 
union  was  finally  consummated,  and  the  following  Magistrates  chosen  to  office  for  the  ensuing 
year : 

John  Winthrop  Esq.,  Governor.  John  Mason  Esq.,  Deputy  Governor.  Assistants;  Mathew 
Allyn  Esq.,  Sam''  Willys  Esq ,  Mr.  Nathan  Gold,  Capt.  John  Talcot  (&  Treasurer,)  Mr.  Henry 
Wolcott,  Lt.  John  Allyn,  Mr.  Samuel  Sherman,  Lt.  James  Richards,  Mr.  William  Leete, Mr.  Wil- 
liam Jones,  Mr.  Benjamin  Fenn,  Mr.  Jasper  Crane.    Capt.  Daniel  Clarke,  Secretary. 

Of  the  Assistants,  the  four  last  named  had  been  Magistrates  in  New  Haven  colony,  the  year 
preceding. 

A  list  of  such  documents  relating  to  the  union,  as  have  been  preserved  in  the  office  of  the 
Secretary  of  this  State,  with  a  partial  abstract  of  their  contents,  is  given  in  the  Appendix,  No- 
XII.] 


WILLS  AND  INVEITORIES, 

[From  Colonial  Eecorda,  Vol.  I.*] 

[52]  The  last  Will  and  Testament  of  Richard  Lyman,  being 
in  pi'fect  memory,  I  giue  vnto  my  wife  all  my  howseing  &  lands 
dureing  her  life,  and  one  third  pi'te  of  my  lands  to  dispose  at 
her  death  amongst  my  children  as  shee  pleaseth,  and  I  giue  to 
her  all  my  moueable  goods,  as  Cattell  and  howshold  stuffe,  and 
all  other  impliments  or  mouables.  And  the  other  two  p^'ts  of 
my  land  I  giue  to  my  elder  sonne  Richard,  and  to  his  heires 
forever,  and  if  he  dy  w^^out  an  heir,  then  I  giue  yt  to  my  sonne 
Robert  and  to  his  heires  for  ever.  For  my  sonne  Richard  my 
mynd  is  that  the  Cattell  I  haue  formerly  giuen  him,  that  he  shall 
enioy.  To  my  daughter  Sarah,  besids  the  Cattell  I  formerly 
haue  giuen  her,  my  will  is  that  my  wife  shall  pay  her  twenty 
pownds,  to  yeres  after  my  death.  To  my  sonne  John  Lyman 
I  giue  him  thirty  pownds,  to  be  paid  him  by  my  wife,  att  two 
&  twenty  yeres  of  age,  and  the  hoggs  that  I  formerly  haue 
giuen  him,  I  giue  vnto  my  wife,  and  if  he  contends  w^^  her  and 
will  not  be  content  my  wife  should  enioy  the  hoggs,  then  yt  is 
my  will  that  shee  should  not  pay  him  the  thirty  pownds.  To 
my  sonne  Robert  I  giue  twenty  fower  pownds,  to  be  paid  him 
at  twenty  two  yeres  of  age ;  and  to  my  daughter  Fillis,  the  wife 
of  Willia  Hills,  I  giue  tenne  shillings  ;  and  I  make  my  wife  sole 
Executrixe  to  this  my  will. 
Dated  the  22th  of  Aprill,  1640. 

*  Such  wills  and  inventories  as  were  recorded  prior  to  the  close  of  the  year  1644,  were  entered 
in  various  parts  of  the  first  Volume,  wherever  a  convenient  blank  page  offered  itself  to  the  Sec- 
retary, and  without  any  regard  to  clironological  sequence.  These  are  here  brought  together, 
and  transposed  so  as  to  follow  somewhat  more  nearly  the  order  in  which  they  were  originally 
recorded.  Such  as  are  recorded  by  themselves,  on  pages  [228]  to  [271]  of  the  first  Volume,  are 
printed  without  transposition.  The  record,  as  far  as  page  [250,]  inclusive,  is  in  the  hand  wri- 
ting of  Secretary  Welles  ;  the  remainder,  in  that  of  John  Cullick. 


WILLS      AND     INVENTORIES.  443 

The  two  p^ts  of  my  land  and  howse  I  give  to  Richard  Ly- 
man my  Sonne :  the  reson  of  writeing  this  is  because  the  word 
howse  was  not  formerly  exp^'ssed. 

Read,  sealed  and  del<^  Richard  Lyman, 

in  the  p''sents  of  vs 

Tho:  Bull,  John  Moodie, 
Andrewe  Bacon. 

July  24th. 

The  wydowe  Lymans  mynd  is  that  her  sonne  Richard  Lyman 
should  pi'forme  her  husbands  will,  and  that  her  sonne  Robert 
should  Hue  w^^  him  till  he  be  twenty  two  yeres  of  age,  and  then 
she  giues  Robert  Lyman  the  third  p^te  of  the  howsen  &; 
grownds,  &  for  p^'formance  of  her  husbands  will,  shee  giues 
Richard  all  her  moueable  goods  both  wt^out  the  howse  and 
wthin,  only  her  weareing  Cloathes  and  some  of  her  lining  shee 
will  dispose  of 

Jo^in  Moody, 
Andrew  Bacon. 

[53]     A  Inuentory  of  the  goods  of  Richard  Lyman  deceased,  made 
the  vi'A  of  Septeber,  1641. 

£ 

Imp"-  A  Cow  &  a  Cow  calfe,      .              .              .               8.  10.  00 

It:  a  heifer  of  a  yere  &  halfe  old,     .              .              .4.  00.  00 

It:  a  bull,  U.  10*.  ;   It:  a  goate  &  2  kids,  ll.  IZs.,              [6.  03.  00 

8  Hoggs  and  halfe  a  sowe,  &  the  pewtre,        .               10  00.  00 

It:  one  acre  of  mislin,*         .              .              .              .3.  10.  00 

It:   an  acreof  sumer  wheat,  2Z.  10*.  j  an  acreof  oats,  2Z.    [4.  10.  00 

It:  3  roods  of  pease  and  barly,          ...           1.  10.  00 

It:  5  acres  of  Indean  Corne,       ...                 8.  15.   00 

It:  for  squared  tymber,  planke  &  board,       .              .      *    1.  05.  00 

It:  a  Cart  &  plow  &  tacklin  belonging  to  them,                   1.  08.     6 

It:  a  Tabell,  forms  &  chaires,  8*. ;  It:  a  Cubberd,  15*., .  [1.  03.  00 

It:  4  chests,  a  trunke  ;   a  old  one,                  .              .           0.  18.     6 

It:  2  beare  vessells,  5*.  ;   It.  4  old  firkins,  3*.  ;                 [0.  8.  00 

It:   1  payle  &  a  wooden  platter,  2*.;  an  old  byble,  2*.  Qd.,  [0.  4.     6 

3  kettells,  2  skillits,  an  old  brasse  pot,  .  2.  4.  00 
2  brass  pans  &  a  bakeing  pan,  .  .  0.  12.  00 
a  pestell,  a  mortar  and  old  kettell,                   .                 0.  6.     6 

4  platters,  2  cansticks,  &  drinkeing  pott,  w""  some 
other  smale  peeces  of  pewter,  •  .  1.     2.  00 

a  warnieing  pann,  a  chaffin  dishe  and  pewter  bottell,  0.  9.  00 
2  frying  pans,  6*. ;  It:  3  Iron  potts,  ll.  4*.,         .         [1.  10.  00 

*  Mislin  or  Meslin  ;  a  mixture  of  wheat  and  rye.     Webster, 


444  WILLS      AND      INVENTORIES. 

Jt:  a  Cob  -iron,  a  gridiron,  a  trammell,  a  fire  pan  & 

doggs  &  some  other  old  iron,              .              .  0.  11.  00 

It:  2  fier  locke  peeces,  a  sowrd  &  belt,               .  2.  3.  00 

[54]     It:  a  sacke  &  wool,                 .              .              .  0.  8.  00 

It:  2  bedds  and  bowlsters  &  pillowes,                  .  6.  00.  00 

It:  3  Couerlids,  4  blankets,  3  straw  bedds,               .  4.  8.  00 

It:  8  Curtens,  11.  ;  3  bedsteads,  65. ;  Tewed*  skins,  85.,  [1.  14.  GO 
It:  2  Wheeles,  5*.  ;  It:  9  p'^e  of  sheets  &  one  odde  one, 

3Z.  8s.  8d.,                ....  [3.  13.  8 

It:  4  table  cloathes  and  a  dossen  and  halfe  of  napkins,  1.  9.  00 

It:  7  pillobers  and  2  other  smale  peeces  of  linnen,  0.  13.  6 

It:  a  Coate,  a  Jergen,  2  dubletts,  and  a  p'^re  of  breeches,  1.  10.  00 

It:  2  sythes  w"'  their  tacklin,  6s. ;  It:  2  ladders,  6s.,  0.  12.  00 

It:  a  Churne  &  meat  in  yt,  lOs.  ;  It:  4  howes,  6s.,  0.  16.  00 

It:  2  wedges,  2  betel  rings,  2  sawes,             .              .  0.  16.  00 

It:  a  broad  axe,  2  narrow  axes,  wimbell  &  chessells,  0.  11.  00 

It:  a  powdring  trofe,           .              .              .              .  0.  01.  6 

Some  is  82L  16.  2d. 

John  Moodie, 
Andrew  Bacon, 
John  Barnard. 


[70]  October  the  27,  1639. 

A  Inuentory  of  the  goods  and  Cattle  of  John  Brundish  of  Wethers- 

field.f 

Imp"-  his  weareing  apparrell, 

It.  his  two  bedds  compleat,         .  .  .     ' 

It.  two  p''e  of  sheets  w'''  two  pillowberes, 

It.  in  brasse  and  pewter,  ... 

It.  one  chest,  a  boxe,  a  small  cubbert  &  a  table. 

It:  cushens,  stooles  &  chaires. 

It.  Tramels,  tongs,  fier  pan,  bellowes,  cobirons,  rostiron, 

spitt  and  frying  pan,     . 
It  in  working  tooles,       .... 
Ite  twelue  bushells  of  Rye, 

It.  about  fourscore  and  ten  bush'  of  Indean  come, 
It.  one  horse  and  a  mare, 
It.  one  cow,  2  heifers,  2  calues, 
It.  in  hay,  .... 

It.  in  debts  due  vnto  him, 
It.  books,  .... 

174.  6. 
Debts  due  to  be  payd  out  621.  10. 
her  howse  and  land  valued  at  130Z. 

•  Tewed  or  tawed ;  i.  e.  dressed  white.  t  See  pp.  40  and  45,  ante. 


£ 

s 

d 

3. 

0. 

0 

6. 

0. 

0 

1. 

0. 

0 

5. 

0. 

0 

3. 

0. 

0 

0 

10. 

0 

1. 

5. 

0 

4. 

5. 

0 

4. 

16. 

0 

18. 

0. 

0 

48. 

0. 

0 

55. 

0. 

0 

7. 

10. 

0 

15. 

0. 

0 

2. 

0. 

0 

WILLS     AND     INVENTORIES. 


445 


She  hath  5  children,  the  2  eldest  girls,  the  next  a  boy,  the  other 
2  girles. 

Andrew  Ward, 
Richard  Gyldersly. 

A  noate  brought  in  Court  since  the  Inuentory,  as  foUoweth  : 

RachellBrundishehath  14  acres  of  meadow,  her  howse  lott  3  acres, 
and  w'  vpland  belongs  thereunto  in  euery  diuysion,  saueing  w'  her 
husband  and  shee  hath  sould,  vizt.  her  shaire  beyond  the  Riuer  and 
6  acres  in  Penny  wise. 

Debts  appereing  since  the  Inuentory  was  made,         41. 

Debts  paid,  .  .  41^.  16.  4d. 

Remayneing  of  the  stocke  of  Cattle,  2  Cowes,  on  mare. 


[68]  A  true  Inuentory  of  all  the  goods,  corne  and  cattell  that  were 
in  the  hands  of  Abraham  Fynch,  when  he  deceased, 
taken  the  3  of  Sef.    1640. 


Imp"  his  apparrell,      .  .  .  . 

It.  one  Cow,  .... 

It.  one  Heifer,  .  .  .  . 

It.  four  swyne  shoots. 
It.  one  cutting  saw,  one  axe, 
It.  3  p're  of  sheets,  2  p''re  of  pilloberes, 
It.  5  napkins,  .  .  .  . 

It.  2  kettles  and   1  potte. 
It.  his  howse  lott,  w*  all  deuisions  thereunto 
belonging. 


£ 

s. 

d. 

2. 

6. 

0 

20. 

0. 

0 

10. 

0. 

0 

2. 

0. 

0 

0. 

10. 

0 

1. 

10. 

0 

0. 

3. 

0 

1. 

8. 

0 

100. 

0. 

0 

The  prisers,  Sam:  Smith, 

Nathaniell  Foote. 


The  some,        137.  17.  0 


A  noate  of  the  debts  that  Abraham  Fynch  owed  at  his  decease. 


To  Mr.  Michell, 
To  Goodman  Boosie, 
To  Goodma  Sticklin, 
For  Towne  Rates, 
To  Goo:  Lawes, 
Wydow  Kilborne, 
Goo:  Smith, 
Leasly  Bradfield, 
To  Mr.  S       . 
To  goodma  Daggett, 


£ 

s. 

3. 

1. 

0 

1. 

12. 

0 

1. 

9. 

0 

4. 

15. 

6 

1. 

10. 

0 

0. 

5. 

0 

0. 

3. 

0 

0. 

9. 

0 

0. 

11. 

0 

1. 

3. 

0 

14. 

18. 

6 

39 


446  WILLS    .AND     INVENTOKIES. 

It  [is]  Ordered,  that  the  Relike  of  Abraham  Finch  deceased  shall 
administer  &  possesse  the  Estate  lefte  in  Goods,  and  also  hold  the 
land  &  howseing  vntill  the  Child  com  to  the  age  of  one  and  twenty 
yeres,  and  then  the  Child  of  the  said  Abraham  to  haue  two  p'ts,  &  the 
said  Relick  duering  her  naturall  life  the  third  ;  the  said  Relick  is  to 
mayntayne  the  Child,  or  to  comitte  him  to  his  Grandfather  Abraha 
Fynch,  who  tenders  to  educate  yt  as  his  owne  Coste. 

Deceber  the  3^  1640. 


[64]     The  last  will  and  Testament  of  James  Olmstead,  late  of 
Hartford,  decesed. 

This  is  my  wyll,  to  giue  my  Estate  betweene  my  two  sonns, 
that  is  to  say,  the  on  halfe  to  my  sonn  Nicholas,  and  the  other 
halfe  to  my  sonne  Nehemiah,  equally  deuyded  betweene  the 
both,  w^^  this  reseruation,  that  if  my  brother  Lumus  doe  make 
his  word  good  to  make  my  sonne  Nicholis  wifes  portion  as  good 
as  any  child  he  hath,  for  so  1  vnderstand  his  p^'mise  is,  but  if  he 
shall  refuse  so  to  doe,  I  shall  then  refuse  to  giue  my  sonn  any 
pi'te  of  my  moueable  goods,  cattell  or  debts,  but  my  will  is  to 
leaue  the  thing  w^h  Richard  Webb  and  William  Wodsworth  to 
see  my  Brother  Lumus  doe  p'forme  his  pi'mise,  and  as  the  said 
Richard  Webb  and  Will'  Wodsworth  shall  doe  I  shall  be  con- 
tent. And  if  my  Brother  Lumis  doe  prforme  his  p»"mise,  then 
my  will  is  their  portions  shall  be  a  like,  only  Nicholis  shall  abate 
so  much  as  I  gaue  him  before.  And  my  will  is  that  my  sonne 
Nehemiah  shall  giue  out  of  his  portion  ten  pownd  to  my  Cossen 
Rebeca  Olmstead  that  now  dwelleth  w^^  me,  and  he  shall  pay 
yt  her  wt^in  three  yeares  after  my  dicease,  and  I  leaue  her  to 
be  disposed  by  Richard  Webb  and  Will'  Wadsworth,  and  as 
shee  shall  carry  herselfe,  yt  shall  be  in  their  power  ether  to 
giue  her  the  tenn  pownd  or  to  deteyne  yt  fro  her.  I  doe  giue 
my  searuant  Will'  Corby  fiue  pownd,  to  be  paid  when  his  tyme 
corns  forth,  and  I  doe  will  my  sonne  Nehemya  to  pay  him  out 
of  his  owne  portion:  And  I  doe  will  that  Will'  Corby  doe  searue 
his  tyme  w^^  my  sonne  Nehemiah.  And  I  leaue  my  sonne  Ne- 
hemiah w^h  Richard  Webb  and  Will'  Wodsworth,  intreating 
the  to  haue  the  ouer  sight  of  him,  and  the  disposeing  of  him  as 
their  owne  child.  But  if  my  sonne  Nehemiah  shall  goe  contra- 
ry in  bestowing  himselfe  any  way  contrary  to  the  judgement  of 


WILLS      AND      INVENTORIES.  447 

my  two  frinds,  Rich:  Webb  and  Will'  Wodsworth,  then  yt  shall 
be  in  their  power  to  comaund  and  take  a  hundred  pownd  of  his 
Estate,  and  dispose  of  yt  as  they  thinke  fitt.  I  giue  to  my  two 
frynds  Richard  Webb  and  Will'  Wodsworth,  w^h  I  put  in  trust, 
six  pownds  and  a  marke  to  be  paid  equally  betwixt  the,  and  my 
two  sonns  shall  pay  the,  the  one  pay  the  one  halfe  and  the 
other  pay  the  other  halfe. 

Witnesse,  the  28*^  of  September,  1640,  Ja:  Olmstead. 

Richard  Webb, 

Will'  Wodsworth. 

[65]  Wee  whose  names  are  hereunder  written,  the  frynds  in- 
trusted by  the  decesed  w^^in  named,  haueing  litell  acquayntance 
wth  things  of  this  nature,  and  being  by  him  suddenly  caled  here- 
unto, in  a  sore  stresse  and  pang  of  his  sicknes,  wherein  he  ex- 
pected a  prsent  depi'ting,  he  being  senceble  of  his  owne  weake- 
nes,  hasted  to  an  issue  of  this  busines,  did  seuerall  tymes  desire 
vs  to  aduise  him  what  he  should  doe,  and  many  times  did 
wishe  us  to  doe  what  we  thought  meet  o^selues. 

Now  we  haueing  since  his  disease,  togather  w*^'  his  two 
sonns,  Nicholas  &  Nehemiah,  to  who  he  hath  bequethed  his 
estate,  taken  into  more  serious  consideration  what  is  done,  and 
obsearueing  some  things  to  be  ouerpast,  of  w^h  we  are  pi's  waded 
that  if  ether  they  had  com  to  his  owne  mynd,  or  otherwise  had 
then  bine  suggested  by  vs,  he  would  redily  and  cherefully  haue 
attended  thereunto :  Wee  therefore,  togather  w^h  the  reddy  & 
free  consent  of  his  sonns  abouesaid,  (well  knowing,  out  of  long 
and  good  experience,  the  disposition  and  constant  practice  of 
their  father,)  hath  mutually  agreed,  as  desierus  to  fulfil  that  w^h 
we  conceaue  to  be  his  mynd,  to  ad  to  those  bequethed  w^^  are 
spesified  w^^in,  these  legases  following  : 

That  is  to  say,  to  his  Kynsmen  Richard  Olmstead  fiue 
pownd,  and  to  his  Kynsman  John  Olmstead  fiue  pownd,  to  be 
paid  vnto  them  wthin  three  yeres  after  his  disease.  And  vnto 
the  Chui'ch  of  Christ  in  Hartford,  Twenty  pownds,  to  be  paid 
at  the  same  tyme  of  three  yeres  after  the  decease  of  there  said 
father.     In  witnesse  whereof  we  haue  sett  to  our  hands. 

Will'  Wadsworth.  Nicholas  Olmstead, 

Nehemiah  Olmsted. 


448 


WILLS      AND     INVENTORIES, 


[66]  Sep:  28"'.  An  Inventory  of  the  goods  and  Cattell  of  James 
Olmestead  of  Harford,  deceased  in  the  yere  of 
o^Lord,  1640, 


Imp"  one  horse, 

It.  one  mare, 

It.  one  mare  colt, 

It.  one  yokeof  steeres,  30. 

It.  one  single  steere. 

It.  four  cowes, 

It.  three  calues, 

It.  thirteene  hoggs, 

It.  eightscore  bush'  of 

Indean  corne, 
It.  30  bush'  of  sumer 

wheat, 
It.  12  bush'  of  pease. 
It.  15  load  of  hay. 
It.  8  bush'  of  molt. 
It.  one  young  heifer  and 

on  young  steere,     13 
It.  one  young  steer  at 

Paq'nuck,        .         8 
It.  one  cow  hide,  0 


£ 

20. 

0. 

0 

15. 

0. 

0 

10. 

0. 

0 

30. 

0. 

0 

13. 

0. 

0 

47. 

13. 

4 

10. 

10. 

0 

18. 

0. 

0 

24.     0.   0 


7. 

0. 

0 

2. 

10. 

0 

10. 

0. 

0 

2. 

0. 

0 

0.  0 


0. 
10. 


It. 


& 


3  ewe  goats 

a  wether. 
It.  one  Wayne, 
It.  2  yoaks  &  the  Iron 

worke. 
It.  one  plow,  two  plow 

irons,  &  a  chayne. 
It.  one  gang  of  harrow 

tynes, 
It.  one  smale  chest  w""  old 

iron  &  some  tooles,   3 
It.  old  sithes  &  on  new 

on,  .  .  0 

It.  one  pyke  &  Costlitte,*  1 
It.  two  hand  sawes,  one 

frameing  saw,  one 

hack  saw. 
It.  one  nayle  boxe. 
It.  four  howes, 
It.  two  mattocks,  on 


0. 
0. 


It.  one  chese  p^'sse,  old  hogsheads  &  a  pype. 

It.  2  beare  hogsheads,  two  beare  barrells,  2  powdring 

tubbs,  4  brueing  vessells,  1  cowle,  2  firkins, 
It.  wymbles,  chysells,  hammers,  pynsers,        .  .  0. 

It.  collers  &  harnes,  saddell  and  pannell,"!"  halters  &  brydle,  1. 

0. 
.     0. 


13. 

7. 


13. 
0. 


It. 


It 


1.   12,  0 


0.   16.   0 


0.  0 


10, 
10. 


0. 
10. 

7. 
0. 
3. 


0.  0 


1.   12.  6 


3.  0 


It.  fiue  pyke  forks,  one  rope,  on  fanne, 

It.  3  axes,  2  wedges,  2  ryngs  for  a  beetell, 

It.  4  brasse,  3  skilletts,  one  skimer,  on  ladle,  on  candle- 
stick, on  morter,  all  of  brasse,  1   brasse  pott, 

It.  7  small  peuter  dishes,  1  peuter  bason,  2  chaber  potts, 
6  poringers,  2  peuter  candlesticks,  1  frudishe,  2 
little  sasers,  1  smale  plate, 

It.  7  bigger  peuter  dishes,  one  salt,  2  peuter  cupps,  one 
peuter  dram,  1  peuter  bottle,  1  warmeing  pan,  13 
peuter  spoones,      .... 

It.  2  Iron  potts  &  a  pott  posnette,  1  dripping  pan,  1  fry- 
ing pan,  1  gridiron,  one  squar,  2  spitts, 
2  Irons,  2  tramells,  1  perre  of  tongs,  2  perre  of  pot-  ) 

hooks,  2  perre  of  cobirons,  1  fier  pan,  1  cole  dishe  >    1.  13.  0 
and  a  perre  of  bellowes,  one  peale,  .  ) 

one  stupan,  3  bowles  &  a  tunnell,  7  dishes,  10"^ 
spoones,  one  woodden  cuppe,  1  woodden  platter,  [ 
w"*  3  old  latten:]:  pans,  &  2  doz.  and  halfe  of  f 
trenchers  and  two  wyer  candlesticks,  .  J 


2.  0 


0.   11.   1 


•  Corslet.         t  A  kind  of  rustic  saddle.     JVebster.       i  Sheet  iron  covered  with  tin.     Webster. 


0. 

10. 

0 

2. 

5. 

0 

0. 

3. 

8 

0. 

2. 

8 

WILLS      AND     INVENTORIES.  449 

It.  2  Jacks,  2  bottells,  two  drinkeing  horns,  1  little  pott, 

It.  3  bibles  &  3  other  bookes, 

It.  one  payle,  one  pecke,  one  halfe  bushell, 

It.  one  smoothing  iron,  two  brushes, 

[67]     It.  3  musketts,  one  fowleing  peece,  3  perre  of  ban-  ^ 

daleres,   one   sword,  one  rapier,    1  dagger,   2  >    6.     0.  0 
rests,  2  pistoUs,  w"'  powder,  shott  &  match,        ; 
t.  one  Table,  one  Chire,  sixe  cushions  and  one  little  forme,  1.     7.  0 
t.  fine  sacks,  .  .  .  .  .  0.   10.  0 

t.  two  fether  bedds,  two  flockebedds,     .  .  .       6.   10.  0 

t.  3  ruggs,  one  Couerled,  6  blanketts,  one  p^e  of  curtens  ^    7    i  ^     n 

&  curten  rods,  &  a  course  bedcase,  .  )      '       ' 

t.  2  fether  pillowes,  1  flocke  pillow,  1  bedstead,  .  0.   19.  0 

t.  3  p''e  of  fyne  sheets  &  5  p''e  of  course  sheets,  .     3.   10.  0 

t.  3  course  pillowbeers,  &  2  fine  ons,  1  doz.  of  napkins,  1.  3.  0 
t.  two  shorte  Table  Cloathes  &  two  course  ons,  2  towells,  0.  11.  0 
t.  diuers  smale  things  in  a  trunke,  .  .  3.     0.  0 

t.  20  little  smale  peeces  of  childing  lyning,       .  .     0.   10.  0 

t.  15  quire  of  paper,         .  .  .  .  0.     6.  3 

t.  27  yards  of  course  Canuas, 
t.  19  yards  of  Lockru,* 
t.  5  yards  of  woollen  cloath, 
t.  2  trunks,  one  chest  and  2  smale  boxes, 
t.  12  Caps,  8  bands,  .... 

t.  3  shirts,        .  .  .  .  •  .       0.   15,  0 

t.  one  little  peece  of  course  Lockru,  .  .  0.     4.  6 

t.  3  suits  of  apparrell,  w""  hatts,  stocking  &  shues,  13.     5.  0 

t.  2  acres  of  Englishe  come  of  the  grownd,  .  4.     0.  0 

t.  13  acres  of  grownd  broke  vp,  .  .  .     12.     0.  0 

t.  in  mony  and  debts,         ....  55.     0.  0 

t.  one  case  of  bottells,  .  .  .  .00.   15.  0 


0.10 

4.  0 

5.  0 

6.  0 
2.  0 


The  whole  some,     £397.   19.  2 
John  Steel, 
Edw:  Stebbing. 


[60]  March  the  iiijth,   1640. 

A  Coppy  of  the  will  &  Testament  of  WiLLia  Spenser,  late  of 

Hartford  deceased,  p^sented  in  Court  vppon  Oath,  by  John 

Taylcott  &  John  Pratt  of  the  said  Towne. 

A  noate  of  the  mynd  and  Will  of  Willia  Spenser  for  p^sent 
the  4th  of  May,  1640. 

Imp^'s  his  Will  is  that  the  Estate  that  he  hath  in  New  Ingland, 
and  also  that  w^h  may  com  to  his  wife  hereafter,  that  is  any 

*  Lockram, — "  a  sort  of  coarse  linen."     Webster. 

39* 


450  WILLS      AND     INVENTORIES. 

p^te  of  his  wifes  portion  yf  any  doe  com,  that  all  the  Estate 
be  dyuyded  as  foloweth  : 

I  giue  to  my  wife  one  third  pi^te  of  all  my  Estate  : 

I  giue  to  my  sonne  Samuell  one  third  p^te  : 

I  giue  to  my  two  daughters  Sarah  and  Elizabeth  one  third 
partte  : 

The  children  to  be  brought  vppe  w^h  the  improuement  of  the 
whole  estate  that  I  leaue  both  to  my  wife  and  children ;  The 
portion  w^^  I  leaue  to  my  sonne  to  be  paid  him  when  he  is  of 
the  age  of  twenty  yeres;  Also  the  portion  of  my  daughter 
Sarah  and  my  daughter  Elizabeth  to  be  paid  to  them  at  the  age 
of  *  yeres  of  age.     Also  yt  is  my  mynd  that  if  ether 

of  my  children  doe  dy  before  the  tyme  their  portions  be  due  to 
them,  that  the  portion  of  the  pi^ty  desesed  be  equally  devyded 
to  the  p^tyes  or  p^ty  that  shall  suruife  the  other. 

Also  my  mynd  is,  my  Cosen  Mathew  Allen,  my  brother  John 
Pratt  and  John  Taylcoate,  that  these  three  partyes,  or  any  two 
of  them,  shall  haue  the  Ouersight  of  my  Estate,  and  in  case  that 
they  shall  see  in  theire  judgements  the  Estate  to  be  wasted,  that 
they  shall  haue  power  to  take  the  children  and  their  portions 
t  for  their  bringing  vppe,  and  to  pay  the  Children 
their  portfis  that  remayne  at  the  seuerall  tymes  aboue  written. 

Also  my  mynd  is,  that  my  wife  shall  haue  no  power  to 
alienatt  or  make  sale  of  my  howse  or  any  p^te  of  my  land  I 
leaue,  w^hout  the  consent  of  two  of  the  pnyes  that  are  to  ouer- 
see  my  Estate. 


The  Inuentory  of  the  Estate  of  the  said  Will'  Spenser. 

Imp"  in  weareing  Cloathes, 

in  the  Hall,  the  planks  &  two  chayres, 

in  the  Closett,  on  trundell  bedd  and  blankett, 

one  sadell  and  brydle,  and  waight  &  skalls, 

in  sythes,  axes,  wimbles,  horsse  harnis  &  other 

working  tooles, 
in  the  Parlor  chamber,  one  chest,  two  plancks, 
one  fetherbedd,  boulster,  two  pillowes, 
In  sheets  and  tabell  lynen, 
in  the  Sisler,  in  seuerall  peeses  of  peuter, 

•  Blank.  t  Blank. 


£ 

s. 

d. 

5. 

8. 

0 

0. 

11. 

0 

0. 

15. 

0 

0. 

15. 

2 

3. 

0. 

0 

0. 

9. 

0 

3. 

0. 

0 

2. 

0. 

0 

1. 

10. 

0 

1. 

5. 

0 

0. 

l.'j. 

0 

1. 

5. 

0 

]. 

4. 

0 

28. 

0. 

0 

13. 

0. 

0 

WILLS     AND     INVENTORIES.  451 

in  brasse  kettells  and  iron  potts  &  other  implements,    }    a     -i-     n 

and  on  hogshead  and  barrell,        .  .  .    \      '        ' 

In  the  lodgeing  roome,  one  bedsteed  &  curteens, 
two  chests,  .... 

One  muslcette,  bandalers,  two  sowrds. 
One  fowleing  peeee, 
One  Coweand  on  Cow  calfe, 
In  swyne  of  seuerall  sorts, 

[67.   12.2] 

Seuerall  debts  lefte  vncroste  in  his  booke,  oweing  in  the  Bay,  the 
w"*"  the  most  of  the  are  denyed,  and  those  that  are  confessed  are  very 
doubtful  whether  much  of  yt  will  be  paid,  being  in  the  hands  of  some 
of  his  kindred  that  are  pore,  in  all  to  the  value  of  .  441. 

Also,  the  howse  and  howse  lott  conteyneing  aboute  2  acres, 
w'^'some  outhowses  ;  also  seuerall  p'sells  of  vpland  lotts,  to  the 
value   of  74  acres,  as  may  apeare  by  the  records  to 

that   purpose,    whereof,   besids  the   right  w"*"  he  had  in  any  other 
lands  to  be  deuyded. 

Also,  eleuen  acres  of  meadow  and  swamp,  lying  in  the  north 
meadow. 

Also,  one  p'^cell  lying  on  the  East  side  of  the  great  Riuer,  con- 
teyneing tenne  acres. 

Also,  there  is  land  yet  remayneing  at  Concord  in  the  Bay,  w"''  while 
he  liued  he  esteemed  at  ....  1201. 

Out  of  this  estate  there  is  lefte  to  be  paid,  .  .         50/. 

Also,  a  debt  w"""  is  of  an  old  recknoing,  the  w''''  we  haue  no  clere 
accoumpts  of,  but  yet  himselfe  doubted  that  it  would  be  10. 

The  goods  and  estate  estimated  by  these  p''tyes  here  expreste. 

John  Tallcott, 
John  Pratt. 

The  destribution  of  the  estate  appeares  in  the  Records  of  the  particular  Courte,  the  24'''  June, 
1650,  fol:  10:  and  the  Coppyes  of  the  bills  giuen  to  the  Courte  for  the  payment  of  30Z.  to  the 
chilldren,  are  in  the  Booke  of  Records  of  Lands  for  the  seuerall  townes,  at  y«  other  end  of  it  '< 
the  original  Bills  are  vppon  the  fyle  of  wills  and  Inventoryes.* 


[62]     March  the  4th,  1540.     The  last  will  of  Joyce  Ward. 
I,  Joyce  Ward,  of  Wethersfield,  being  sicke  in  body  but  whole 
in  mynd,  doe  make  my  last  will  and  Testament,  this  IS^h  day  of 
Nouember  in  this  p^sent  yeare  of  o""  Lord  Christ,  1640,  in  man- 
ner of  forme  as  foloweth  : — 

Impfs.  I  giue  to  four  of  my  sonns,  that  is  to  say,  to  Anthony 
Ward,  Willia  Ward,  Robert  Ward  &  John  Ward,  ech  of  the 

*  These  last  four  lines  were  added  subsequently,  in  the  hand  writing  of  Secretary  John 
Allyn. 


452 


WILLS      AND     INVENTORIES, 


a  pare  of  sheets,  and  to  my  eldest  sonne  Edward  I  glue  vnto 
him  twelue  pence  of  mony  ;  furthermore  I  make  my  sonne  in 
law,  Joim  Flecher,  my  whole  and  sole  Executor,  to  pay  and 
dischardge  all  those  debts  and  legaces  w^^  I  am  bownd  to 
pi'forme,  and  for  to  see  my  body  to  be  brought  to  the  grownd 
in  a  decent  manner  ;  In  witnesse  whereof  I  haue  sett  my  hand 
the  day  and  yeare  aboue  written. 

Memorand™.  That  I  Joyce  Ward  haue  lefte  my  sonne  Rob- 
erts portion,  w^^  his  father  gaue  him,  w^^  is  twenty  pownd,  in 
England,  in  the  hands  of  my  sonne  Edward  Ward  ;  I  haue  made 
Mr.  Wollersloue,  of  Clipsum,  in  England,  in  the  County  of  Rut- 
land, my  Atturny  for  to  receaue  y  t  for  my  vse ;  if  he  haue  gott 
yt  then  my  sonne  Robert  shall  haue  the  whole  twenty  pownd, 
but  if  yt  be  not  gotten,  then  the  sixe  pownd  w^h  I  paid  for  the 
puting  out  of  the  said  Robert  Ward  to  an  Aprentice  shall  be 
prte  of  that  twenty  pownd. 

Joyce  Ward,  her  marke. 
This  was  done  in  the  p>"sence  of  vs, 
Nathaniell  Dickenson, 
Roger  Prichat. 


£ 

s. 

d. 

0. 

14. 

0 

1. 

0. 

0 

2. 

0. 

0 

5.     0.  0 


10.     0.  0 


A71  Inventory  of  all  and  singuler  the  goods,  chatells,  Cattle,  ielonging 
to  Joice  Ward,  wydoio,  late  of  Wethersfield,  made.,  taken  and  found, 
the  24*''  of  February,  1640,  by  George  Hubberd  and  Leonard 
Chester. 


Imp".  7  yards  of  Hemppen  cloath  at  2s.  p'  yard, 

It.  one  p're  of  flaxen  sheets, 

It.  four  p'^re  of  hemppen  sheets, 

It.  her  apparrell  vizt.  2  gownes,  one  hatt,  one  p'e  of  bodyes 

w"'  other,         ..... 
It.  one  bedd,  two  boulsters,  two  pillowes,  two  Couerings, 

two  Curtens,  .... 

It.  one  boxe  w'*"  a  litle  hand  Trunke, 
Oxie  brasse  pott, 
One  brasse  panne, 
One  Iron  pott, 
One  Chamber  pott, 
One  brasse  Coal  dishe, 
[63]  One  sowe,  w""  three  piggs, 
Two  table  cloathes,  w"'  4  napkins, 
One  bond  or  specialty, 


p"  Leonard  Chester, 
George  Hubberd. 


0. 

3.  6 

, 

0. 

16.  0 

1. 

0.  0 

. 

0. 

2.  0 

^ 

0. 

2.  0 

, 

0. 

2.  0 

1. 

0.  0 

, 

0. 

16.  0 

30. 

0.  0 

Som:  tof: 

52. 

15.  6 

WILLS     AND      INVENTORIES. 


453 


[75]  The  Inuentory  of  Tho:  Johnson,*  as  the  pniculers  were 
sold  by  Andrew  Bacon  &c  John  Barnard,  appoynted  by 
the  Court  to  make  sale  of  them. 


12.  0 

5.  0 
2.  6 


£.  s.  d. 
To  Gudm"  Hill,  a  Coat,    1.  10.  0 

2  p''e  of  stockings,  a  shirt 
&  band  and  hose  yarne,  0. 

a  p''e  of  high  shues,  0. 

a  peece  of  leather,  0. 

5  bands,  a  shirt,  a  redde 
wascoat,  a  perre  of 
start  ups,f  0.  12 

a  shute  of  apparrell,  a 
pestell,  0.  18 

a  hatte,  0.    6 

3  peeces  of  leather,  halfe 
a  pownd  of  pepp',  a 
seefe  bottom, 

a  syth, 

a  shuet  &,  two  bands, 

2  perre  of  breeches. 


a  peece  of  leather,  a  perre 
of  stockings  and  other 


things,           .          .         0. 

8. 

7 

2  bush'  of  maslin,         .     0. 

12. 

0 

some    smale     peeces    of 
leather,    .          .         .     0. 

6. 

0 

3  hatchets,        .         .         0. 

4. 

1 

one  shurt,    .          .          .     0. 

5. 

2 

1  paire  of  shues  and  boots,  0. 

2  peeces  of  leather,            0. 

3  perre  of  boots,        .         0. 

5. 

3. 
9. 

0 
0 
0 

Mr.  Welles  distreyned  a 
muskett,  a  sword,  ban- 

daleres  &  a  rest,             1. 

5. 

0 

10. 

13. 

5 

0.  12.  1 

0.  2.  0 

1.  13.  0 

0.   3.  o: 

Abated  the  Partyes  for  a  mistake  in  their  accoumpte,  9s.  5 

To    be  alowed  the   for   their  paynes  in   keepeing  & 

selleing  the  p'"ticulers,       .       '  . 
The  debte  he  owed  vppon  the  distresse  &  for  Recording 
the  Inuentory,  ...... 

Goodm"  Hill  owed  him  lOL 


[71]  The  6th  of  Nouember,  1643. 

The  last  Will  and  Testament  of  Tho:  Scott,  of  Hartford, 

deceased,  as  yt  was  spoken  by  him  to  Edward  Stebbing 

and  Tymothv  Standly  who  were  sent  for  by  him  for  that 

end,  to  who  he  expressed  his  will  as  foUoweth  : — 

I  doe  giue  to  my  wife  and  sonne  Thomas,  the  one  halfe  of  my 

howse  and  halfe  of  my  barne  and  halfe  of  my  howse  lott :  I  doe 

also  giue  vnto  them  my  two  lotts  in  the  North  meadow,  and  my 

lott  in  the  litle  meadow,  as  also  the  swamps  at  both  ends  :  I  doe 

in  like  manner  giue  vnto  them  all  my  come  in  my  howse  and 

barns,  both  here  at  Hartford  and  at  Tunxis  Cepus,  as  also  two 

Cowes  and  my  two  elder  steers  and  fiue  hoggs,  w^h  halfe  my 

howshold  stuffe  :  I  doe  also  giue  them  my  Carts  and  ploughs  and 


See  pages  49,  55,  ante. 


t  A  kind  of  high  shoe. 


454  WILLS     AND      INVENTORIES. 

the  tacklin  belonging  to  the.  And  my  mynd  is  that  if  my  sonne 
Tho:  depart  this  life  before  my  wife,  at  his  death  that  the  one 
halfe  of  the  meadow,  catle  and  howshold  stuffe  before  giuen  to 
him  and  my  wife,  shalbe  equally  diuided  betwixt  my  other  chil- 
dren then  lining ;  and  my  mynd  is  that  my  wife  shall  haue 
power  at  her  death  to  dispose  of  and  giue  away  the  other  halfe 
of  that  wh  is  giuen  to  her  and  my  sonne  as  shee  seeth  fitt,  ex- 
cept my  howseing  and  land,  W^^  my  mind  is  shall  then  com  to 
the  rest  of  my  children,  at  the  death  of  the  longest  liuer  of  my 
wife  or  my  sonne  Thomas.  I  doe  also  make  my  wife  execu- 
trixe  to  receive  and  pay  my  debts ;  and  my  mynd  is  that  my 
youngest  daughter  doe  remayne  w^^  my  wife  so  long  as  shee 
seeth  meete,  w^ii  the  advice  of  those  that  ouersee  my  will.  My 
mind  also  is,  that  all  my  daughters  be  disposed  of,  both  in  sear- 
uice  and  mariedge,  by  my  wife  and  ouerseers,  and  that  my 
daughters  shall  receaue  their  portions,  ether  at  the  day  of  their 
mariedge  or  at  twenty  yeares  of  age,  w^h  shall  first  happen,  my 
mynd  being  that  all  the  remaynder  of  my  estate  w<=h  is  not  by 
this  my  will  giuen  to  my  wife  and  sonne  Thomas,  (after  my 
debts  are  discharged,)  shall  be  equally  diuided  among  them. 

The  sume  and  substance  of  this  was  exp^ssed  by  Tho:  Scott 
aforesaid  in  the  p^sence  of  vs. 

But  before  he  had  named  the  ouerseers  of  his  will,  the  Lo: 
pleased  to  put  an  end  to  his  life  and  pi^uented  him  in  that  and 
what  els  he  would  haue  said,  and  therefore  the  Relict  of  the  said 
Thomas  w^h  the  apprbacon  of  the  Court  hath  desiered  John 
Talcott,  Wm:  Westwood,  Ed:  Stebbing  and  Andrew  Warner 
to  assist  in  seeing  the  Will  of  the  dead  p^formed.  And  these 
Ouerseers,  vnderstanding  fro  these  that  are  the  witnesses  of  his 
will,  that  he  often  expressed  that  his  mynd  was  his  wife  and 
sonne  Thomas  should  be  comfortably  p^uided  for,  and  finding 
that  no  pt'uission  is  made  for  fuell  or  fireing,  doe  thinke  fitt  and 
very  agreable  to  the  mynd  of  the  deceased,  though  pi'uented  by 
death  fro  exp^sseing  himselfe  in  that  pfticuler,  W^^  yet  they 
leaue  to  the  consideration  and  confirmation  of  the  Court,  That 
the  Widdow  &  Thomas  should  haue  liberty  to  cutt  &  fetch 
fire- wood  for  their  owne  vse  out  of  that  field  comonly  cauled 
the  Aduenturers  field,  vntill  the  other  children,  or  some  for 


WILLS      AND      INVENTORIES.  455 

them,  do  diuert  yt  to  such  impruement  as  will  receaue  pi'iudice 
if  this  liberty  should  be  continued  ;  and  that  they  should  haue 
liberty  to  cutt  &  fetch  any  such  fuell  for  their  owne  vse  out  of 
that  peece  of  ground  cauled  the  Ox  pasture,  dureing  ech  of  their 
naturall  hues.  They  also  thinke  fitt  and  agreable  to  the  mynd 
of  the  deceased,  that  the  boy  searuant  shall  continue  w^h  the 
Relict  of  the  said  Thomas,  dureing  his  tyme.  All  w^h  they 
leaue  to  the  consideration  and  confirmation  of  the  Court,  if  they 
approue  thereof 

[72]     A  Inuenlory  of  the  goods  of  Tho:    Scott  deceased,  taken  Jan- 
uary the  6th,  1643,  deliuered  to  the  Wydow  Scott  for  her  vse. 
One  fetherbed  &  fether  boulster, 
one  greene  Rug  &  Couerled,      ■     . 
one  blanket  and  strawe  bed,     .... 
one  p''re  of  sheets  &  pillowe,  15*.;  one  bedsteed  &  cur- 
tens,  21.  105.,     ..... 
4  p're  of  sheets,  21.  5s.',  2  table  cloaths,  12*.  6d., 
3  dyeper  napkins,  6s.;  5  flaxen  napkins,  5s., 
2  fyne  pillowbeers,  12s.;  in  wearing  cloaths  that  were  her 

husbands,  5/.;  2  chests,  12.s., 
40  pownd  of  Gotten  wooll,  IZ.  6^.  8d.;  3  sawes,   11., 
severall  peeces  of  old  Iron, 
1  flockbed,  2  boulsters,  2  blanketts, 
1  couerled  &  blanket,  1  pillowe,   . 

in  seu'all  peeces  of  pewter,  and  one  brasse  candlesticke, 
in  brasse  kettells  &  iron  potts  :  1  iron  dripping  pan, 
1  p''re  of  pothooks  &  a  glasse  bottell, 
1  brasse  skimmer,  1  laten  lampe,  2  latten  panns, 
1  spit,  1  trammel,  1  p''re  of  bellowes, 
1  p're  of  tongs,  fyer  pan,  cob  iron,  andiron,  &  a  iron  to 
make  wafer  caks,  10*.;  1  smothing  iron,  1  fowleing 
peece,  II.  5s.,     .  .  .  .  .       [1.   15.  0] 

1  match  locke  muskett,  ISs.  Ad.;   1  sword,  1  p''re  of  ban- 

dalers,  9*.  2d.,  .... 

1  lether  bottell,  1  warmeing  pan, 
1  chafin  dishe,  1  frying  pan,  1  shreding  knife, 
4  hows,  4  axes,  1  bill,  2  cleuers,  1  mattoke,    . 
1  spade,  1  hobing  iron,  5  siues, 
in  brueing  vessells,  barrells  ;  2  churns,  1  tabell, 
wimbells  &  chissells,  3  wheels,  1  glasse  botle, 
4  chayrs,  2  tabells,  1  forme,    .... 
In  the  seller,  vessells  &  seu''all  goods, 
In  the  lenetoe,  potts,  pans,  vessells  &  other  implements, 
In  the  seller  without  dores,  dyet  vessells,     . 


3. 

5. 

0 

3. 

0. 

0 

0. 

10. 

0 

3. 

'2. 

5. 
17. 
11. 

0] 

6] 

0] 

'[6. 

[2. 
0. 

4. 

6. 

10. 

0] 
8] 
0 

2. 

10. 

0 

1. 

6. 

0 

1. 

17. 

5 

2. 

7. 

6 

0. 

2. 

6 

0. 

5. 

4 

0. 

8. 

0 

[1. 

2. 

6] 

0. 

13. 

0 

0. 

5. 

10 

1. 

2. 

0 

0. 

12. 

0 

2. 

6. 

0 

0. 

16. 

0 

0. 

13. 

0 

0. 

14. 

0 

2. 

3. 

0 

1. 

0. 

0 

48. 

18. 

3 

456  WILLS      AND     INVENTORIES. 

1  grinston  &  winch,  6s.;  1   great  bible   &  other  smale 

books,  IZ.,  •  .  .  .  .       [1.     6.  0] 


Goods  of  Tho:  Scotts  sett  apartefor  his  3  daughters. 

3  p'"re  of  flaxen  sheets,  2  p^'re  tow  sheets,           .              .       3.  5.  0 

3  diap'  napkins,  4  flaxen  napkins,  .  .  0.  10.  0 
1  flaxen  tabell  cloath,  2  fine  pillobers,  IZ.  45.;  2  boxes,  8s. [1.  12.  0] 
In  the  little  chamber,  1  fether  bed,  .  .  4.  10.  0 
1  bedkase,  1  bedsted,  19s.;   2  fether  bolsters,   1  pillow,  1 

blanket,  2Z.  8s.  4d.;   1  couerlitt,  IZ.  lOs.,         .            [4.  17.  4] 

In  the  garret,  1  fether  bed,  1  fether  bolster,  1  fether  pillow,  3.  12.  0 

1  yellow  &  red  couerlitt,  1  pillow,               .              .              1.  14.  0 

1  quart  pot,  2  porringers,  3s.  2d.;  2  dishes.  Is.  8d.,           [0.  4.  10 

2  sasers,  1  smale  salt  seller,           .              .              ,              0.  1,  4 

4  smale  platters,  3   great  platters,    18s.   6d.;    1   pewter 

bowle,  Is.,      .              .              .              .              .             0.  19.  6 
1  laten  candlesticke,  &tunell,  Is.;   1  pewter  candlestick, 

2s.            .             .             .             .             .             .     [0.  3.  0] 

1  great  pewter  bason  &  chaberpott,             .             .             0.  6.  6 
1  great  brasse  kettle,  15s.;  1   brasse  posnit,    1  iron  pott, 

18s.  M.,         .....           [1.  13.  4] 

1  litle  brasse  kettle,  1  brasse  potte,       .              .              .       0.  11.  8 
1  p're  of  pot  huks,  2  latten  pans,    .              .              .             0.2.2 

1  spit  &  tremell,  1  smothing  iron,        •              .              .       0.  6.  0 
1  snaphanc*   smale   peece,    15s.;    1  cok  mach   musket, 

13s.  4:d.               .....       [1.  8.  4] 

1  rapier,  2  p'"re  of  bandelers,  .  .  .  0.10.8 

1  frying  pan,  1  shreding  knife,  2s.  Bd.;   1  brasse  morter 

&  iron  pestill,  7s.,    -              .              .              .              [0.  9,  8 

1  glasse  bottell,  1  couerd  drinking  pott,            .              .       0.  2.  6 


27.     3.   1 


Corne  for  the  Widdowe  Scott,  at  Sepose  &  Hartford,  30.     0.  0 

2  Cowes  for  Wydow  Scott,  at  Sepose,  .  .       10.     0.  0 

2steers,  16Z.;  2  hoggs,  9Z.,         .  .  .  [25.     0.0] 


For  the  three  daughters. 
2  steers,  12Z.;  1  Cow,  5Z.;  1  mare,  8Z.;  2  calfs,  3Z.  6s.,  [28.     6.  0] 
4  hoggs,  3  piggs,   .  .  .  .  .  5.     5.  0 


The  Wydowes  Some,  .         .         65. 

The  daughters,  .  .         .         33.   11 


Totall,         174.  12.  4. 
besids  Carts  &  3  Ploughs. 

*  Snaphance ;  (German,  Schnap-hahn ;)  a  musket  with  a  flint-and-steel  lock,     Bailey. 


WILLS      AND     INVENTORIE 


457 


[54]  The  Will  of  Blaynch  Hunt  deceased. 

I,  Blaynch  Hunt  do  make  my  last  will.  Imp^s,  I  giue  my 
best  suite  of  weareing  Cloathes  to  my  Cossen  Mary  Robins,  & 
a  pTe  of  my  best  blanketts ;  Ite,  I  giue  my  Cossens  in  the  howse, 
twenty  shillings  a  peece,  in  gold  or  sylver  if  y t  can  be  made  vpp 
att  my  decease  ;  Ite,  for  the  rest  of  my  estate  in  howshold  stufFe 
&  debts,  I  comitt  to  the  dispose  of  my  Vnckle  Welles,  only  I 
remit  40s.  I  lent  my  Cossen  Mary  Robins  ;  I  make  my  Vnckle 
Welles  my  Executor ;  I  giue  my  Cossen  Mary  Baylding  vi 
yards  of  kersey.  Blaynch  Hunt. 


[55]  A'Inuentory,  taken  the  20tJi  day  of  September,  1644, 
goods  of  Blaynch  Hunt  deceased,  by  Andrewe  Waird  Sf 
Gybbins. 


£.  s.  d. 
Imp  .  in  mony,  5.  14.  3 

A  debt  ovveing  fro  Mr.Hill,4.    0.  0 
A   debt  fro   John   Robins, 
now  on  her  Vnckles  ac- 
coumpt,         .  .         3.  10.  0 

Lent    her     Cossen    Mary 

Robins,    .         .         .       2.  0.  0 
Her  cloath  shute  of  weare- 


10.  0 
0.0 
0.0 


0.0 


ing  cloathes, 
Her  StufFe  shute, 
A  greene  Couering, 
A  p''re  of  blanketts, 
one  blankett,     . 
A  fetherbed,  a  bolster  and 

2  pillowes,     .         .  3. 

2  Cloath  petticoats,  .  1.  15.  0 
5  old  petticoats  &  4  p''e  of 

bodyes,          .          .  2.    2.  0 

4  wastcoats  &  4  aporns,  1.    7.  4 

4  hatts,     .         .          .  1.10.0 

3  shifts,  .  .  .  0.  12.  0 
brasse  and  pewter,  .  1.  3.  0 
yarne,          .         .          .  0.    5.  0 


3  yards  of  kersy, 

a  debt  fro  John  Fishe, 

3  yards  of  cloath, 

a  Cloke,   . 

mittens  &  stockings, 

paper, 


table  cloaths  &  lynine 
cloath,  .  .         0. 

three  white  aporns,  7  nap- 
kins &  a  Towell,  1. 

2  ap''ns,  2  pilloberes  & 
small  lynine,         .         1. 

a  trunke  ds  a  boxe,       .     0. 

a  p'^re  of  course  sheets,      0. 

shues,  .  .         •     0. 

^loues,  pyns,  laces,  kniues 


&  a  spoone,      .         .     0. 
I  glasse  &  a  byble,  0. 

sheets,  .         .         .2. 


of  the 
Wiir 

.  0.0 
.  16.0 
.  0.0 
.  10.0 
.  5.0 
.    1.0 

1.5.0 

0.0 

5.0 
10.  0 
10.0 

4.0 

9.0 
6.0 
0.0 


43.  16. 3 


A  ketle,  a  torne  &  a  hatch- 
et, left  out  and  omitted. 


[69] 


A  Inuentory  of  the  goods  of  John  Cattell,  deceased, 
taken  and  prysed  by  John  Coleman,  and  Samuell  Hales, 

the  17  of  July,  1644. 

£.    s.  d. 
Impr^  a  Bedde,  boulster,  and  furniture  to  yt,  .  4.     0.  0 

Ite:  Woollen  and  Lynnen  Cloathes,     .  .  .       5.     8.  0 

40 


458  WILLS     AND      INVENTORIES. 

Ite:  Brasse  &  Pewter  &  2  potts  &  other  tooles, 

Ite:  a  gun,  sword  and  bandaleres, 

Ite:  a  Calfe,  2,  0.  0  ;  It:  a  Cowe,  5.  0.  0  ; 

Ite:  oweing  fro  George  Chappell  a  debt  of 

It:    Swyne,  6.  10.  0  ;  It:  a  debt  of  Good:         *1.  0.  0 

It:    a  debte  of  goodman  Boosye,  II.;  It:  a  debte  of  Corne,  5Z.,[6 

It:    the  home  lott  and  barne,  . 

It:    6  ac:  in  myle  meadowe, 

It:     3  ac:  in  the  great  mea:   121. ;  It:  the  garden,  12s. 


Debts  he  owed, 
Witnes  hereunto, 

Tho:  Tomson.  Tho:  Coleman,  59.     0.  0 

Sam:  Hale. 
P'^sented  to  the  Court  by  Will':  Gybbins,  and  the  Relicke  of  the 
deceased  admitted  to  administer. f 


2. 

0. 

0 

1. 

10. 

0 

u- 

0. 

01 

5. 

0. 

0 

[7. 

10. 

01 

'.,16. 

0. 

0| 

12. 

0. 

0 

6. 

0. 

0 

12. 

12. 

0 

69. 

0. 

0 

10. 

0. 

0 

[97]     The  last  Will  and  Testament  of  Mr.  Ephraim  Huit,  of 
Wyndsor,  in  Conectecotte. 
Impr^.     I  giue  vnto  my  loueing  wife  my  dwelling  howse  and 
homelott,  downe  vnto  the  swampe,  w^h  all  the  howseing  thereon ; 
also  I  giue  vnto  her  my  meadowe  lott  conteyneing  by  estima- 
tion fowerteene  acres  more  or  lesse,  likewise  I  giue  vnto  her  my 
lott  of  fifteene  acres  w^h  the  vast  swampe  adioyneing  thereto. 
Ite:  I  giue  vnto  her  Tho:  Staires  his  howse  and  the  square 
plot  of  gardens  lying  beyond  the  swampe  to  the  highway. 
Ite:  I  give  vnto  my  daughter  Susanna,  and  to  my  daughter 
Mercy,  my  great  lott  lying  behind  the  hog  pen,  adioyneing  to 
Daniell  Clarke  on  the  one  side  and  Humphrey  Hids  on  the 
other,  to  be  diuided  betweene  the  equally.     It:  I  giue  vnto  my 
two  younger  daughters,  Lydea  and  Mary,  my  great  lott  at  the 
Falls,  conteyneing  fowerscore  and  two  rodde  in  breadth,  to 
make  them  two  lotts,  togather  w^h  the  meadowe  grownd  that 
lyes  therein,  to  be  diuyded  also  equally  betweene  them.     P^ui- 
ded  alwayes,  and  it  is  my  full  intent,  that  these  my  fower  daugh- 
ters shall  not  enter  vppon  these  said  portions  of  land  vntill  they 
ech  of  them  shall  com  to  the  age  of  one  and  twenty,  and  in  the 
meane  tyme  yt  shall  be  to  my  beloved  wife  whateuer  p^'fit  shall 
accrewe  thereby  ;  and  as  ech  of  the  shall  com  to  the  age  of  one 
and  twenty,  so  ech  shall  enter  accordingly  vppon  her  portion. 

*  Blank.  t  Page  110,  ante. 


WILLS      AND     INVENTORIES.  459 

P^uided  also,  that  if  either  or  any  of  them,  shall  dy  before 
they  com  to  the  said  age  of  ^one  and  twenty,  then  the  portion 
intended  to  her  or  the  so  dying,  shall  desend  vppon  my  wife 
and  be  at  her  dispose. 

Also,  I  giue  vnto  my  daughters  Susanna  and  Mercy,  all  my 
interest,  right  and  benifit  that  shall  arise  fro  the  graunt  of  the 
Towne,  made  me,  of  fifteene  acres  of  meadowe,  when  yt  shall 
com  first  into  their  hands,  about  Pequanucke,  if  they  shall  Hue 
to  the  age  of  on  and  twenty  yeares ;  if  ether  dy  in  the  interim> 
then  her  portion  to  descend  vppo  my  wife. 

Ite:  my  great  Hand  at  the  Falls,  I  giue  to  the  Court  at  Hart- 
ford, for  the  vse  of  the  Country. 

Ite:  I  appoynt  that  my  debts  be  paid  out  of  my  pi'sonall  estate, 
and  all  the  rest,  both  wt^in  dores  and  wt^out,  whatsoeuer,  I 
wholy  giue  to  my  beloued  wife,  whether  land  or  goods. 

Lastly,  I  appoynt  Dauid  Wilton  and  Daniell  Clarke  to  be  the 
Executors  of  this  my  last  will  and  Testament,  only  they  shall 
not  medle  w^h  any  thing  w^^^in  dores.  And  the  Ouerseers  of  this 
my  Will,  I  intreat  the  Deacons  of  our  Church  to  be. 

Ep:  Huit. 

An  Inuentory  of  the  Goods  of  Ephraim  Huit,  late  of  Wyndsor,  taken 

the  9th  October  1644,  by  vs  whose  names  are  underwritten. 
In  the  Parlour,  1  Bedstead,  w""  bed  and  furniture  thereun-  £ 

to  belonging,  all  valued  at    .  .  .  10.     0.  0 

1  table  &;  forme,  1  chest,  2  trunkes,  1  case  of  bottles,  vail:  02.  10.  0 
Carpitts,  Cushions,  ....  02.   12.  0 

6  veluet  couers  for  stooles  &  Chaires,  ,  .       01.   10.  0 

8  yards  Kitermaster,  IQs.;  3  yards  Cotton  att  10s.  6d.  '[01.  06.  6] 

1  childs  blanket  &  wascoat  cloath,  .  .  .  01.  06.  8 
the  weareing  apparrell,  ....  04.  10.  0 
[98]  in  bucrum,  10*.;   9  doz.  of  napkins,  fine  course, 

51.   19*.  Ad.  ....       [06.  09.  4] 

4  towels  at  11.  4s.;   14  pillobears  at  31.  10s.         .  [04.   14.  0] 

5  table  cloaths,  1  towell,  .  .  .  .  3.  17. 
14  pair  sheets,  fine  and  course,  .  .  .  16.  14. 
3  table  cloaths,  2  short  towels,  8  napkins,  1  sheet,  vail:  '1.  5. 
In  plate,  2  Bee  Bowls,  2  wyne  bouls,  1  salt,  1  trencher, 

salt  seller,  4  siluer  spoons,  att  .  .       14.  0. 

13  spoons  giuen  to  children,  hauing  their  names  on  them, 
&  1  silver  dishe  ;  . 

2  desks,  2  boxes,  1  small  trunke,  &  other  smale  things,       0.     6.  8 
In  chamber  ouer  parlour  ;    2  bedsteeds,  w""  beds  <fe  fur- 
niture,        ,  .  .  .  .  9.     0. 


4. 

0. 

0. 

16. 

0. 

13. 

4 

0. 

10. 

4 

0. 

6. 

0 

4. 

5. 

[6. 

16. 

•81 

0. 

15. 

0 

460  WILLS      AND      INVENTORIES. 

another  bed  w"'  boulsters,  pillowes,  ruggs  &  blanketts, 

3  chests,  1  box,  9  doz.  trenchers,   . 

In  the  come  chamler,  in  rye  and  pease, 

In  the  hall,  3  spinning  wheels, 

one  table  board  &  forme,  &  2  peir  of  bellowes, 

2  fowleing  peeces,  2  muskets,  4  chayres,   . 

in  lynnen  yarne,  2/,  Qs.  Hd.;  in  pewter,  4Z.  10*. 

1  cullender,  2  pudding  pans,  2  swords,  1  p''e  of  bandalers,  0. 
In  kitchin,  in  brasse  &  Iron  potts  &  brasse  panes,  ladles, 

skim'^,  dripping  pans  &  posnet  and  other  pans,  vail:  6.  16.  0 
a  pair  of  Andirons,  1  Brandii:*  2  pair  Crooks,  5  pair  of 

tongs  &  iron  spitts,  pothangers,     .              .              .        1.  0.  0 

a  Fornace,  .  .  .  .  .  2.  0.  0 
In  tubbs,  pales,  churms,  butter  barrells  &  other  impli- 

ments,     .              .              .              .              .              .         2.  0.  0 

2  thwart  saws,  axes,  pitchforks,      .              .              .              1.  0.  0 

3  stocks  of  bees,  3/.;  1  cow,  1  heifer,  91.;  4  goats,  21.  [14.  0.  0] 
2  sowes,  5  piggs,  vail:  at  61.;  2  pownd  of  powder,  65.  [6.  6.  0] 
2  thousand  planks  at  Elias  Packmans,  &5  C.  at  the  Falls,  8.  10.  0 
In  the  Barne,  in  wheat,  pease,  oats,  hay,  flaxe,  .  7.  5.  0 
The  Howse  and  barne,  w""  other  howseing  &  homelott, 

vail:       ......     100.     0.  0 


Som:  247.  2.  8 

16  acres  &  ^  of  meadowe  in  the  great  meadd:  66.  0.  0 

The  land  at  the  Falls,  ouer  the  great  Riuer,  .       30.  0.  0 

80  acres  of  land  neere  Mr.  Phelps,            .  .              15.  0.  0 

In  books,  valued  by  Mr.  Smith  and  Mr.  Warham,     .       13.  0.  0 

A  grinding  stone  w^''  iron  spindle  &  turne,    .  .       00.  12.  0 

A  share  &  culter,  135.;   a  ferry  boat,  21.  10s.  .              [03.  03.  0 


374.   18.  0 
More  a  Lease  for  the  Tole  at  the  Mill,  the  w'=''  valued  at  259.     1.   1 
[633.   19.   1.]  Will'  Gaylard,  Will'  Hill, 

Henry  Clarke. 

I  owe  Mr.  Willis  100,  w'='' I  make  accoumpt  wilbe  paid  thus: 
thirty  pownd  is  coming  to  me  fro  Piscataq'  Company,  and  there  is 
Guns  sold  to  do  yt.  A  Rafte  of  Planke  is  goeing  downe,  I  think  will 
be  40.     What  is  wanting  may  be  made  vp  out  of  the  Loder. 

I  owe  100  to  John  Fishe  W*"  he  will  haue  keept  in  New  Ingland. 

I  owe  Mr.  Lummas  20  ;   he  will  take  nothing  but  mony. 

I  owe  Mr.  Woolcott  about  12. 

I  owe  John  Fares,  25. 

I  owe  for  Tho:  Sters  his  howse  and  land,  about  17. 
Oweing  me. 

The  butcher,  for  goats,  61.  I'Ss.;  Gudwife  Whithead  for  all  Rats 
since  her  husband  went,  &  for  my  Canow.    Mr.  Williams,  21.      Mr. 

*  Qu.  Brand-iron  1  "a  trivet  to  set  a  pot  on." — Webster. 


WILLS      AND      INVENTORIES.  461 

Ptossiter,  2Z.  Tho:  Dewe,  11.  10s.  Mr.  Whiteing  owes  something  as 
the  accoumpt  will  show.  Mr.  Hill,  3.  He  hath  power  to  receaue 
yt  of  Mr.  Maio. 

[100]  Jo:  Fishe  his  100,  if  Henry  Clarke  will  take  yt,  it  shall  be 
paid  in  wheat  now. 

John  Banks  owes  me  about  5  or  6  pownd. 

Daniells  accoumpt  is  lefte  to  himselfe, 

Mr.  Phelps  owes  1/.  18s.  debt  confest. 

*Yf  Henry  Clarke  will  not,  then  yt  must  be  keept,  as  the  rest  of 
the  Towne  mony  is. 

The  towne  owes  me  251. 

Richard  Sexton  oweth  me  16/.  and  for  the  2  yeares  to  come. 

The  Townes  Rate  and  his  debte  must  be  husbanded  by  the  Ex- 
ecutors. 

Old  Eagleston  owes  21.  to  be  paid  in  wheat  &  pease. 

Mr.  Hull  witnesse  to  yt. 

My  wife  and  children  must  Hue  vppon  the  Lott  set  out  for  that 
purpose. 


Nouember  the  20*^,  1644. 
An  Inventory  of  the  goods  and  Lands  of  Nathaniell  Foote 
of  Wethersfield  deceased,  being  truly  taken  and  Indiffer- 
ently prised  by  Richard  Tratte,  Samuel  Smith  and  Nath: 
Dickinson. 

£.  s.    d, 
Imp"^'  His  purse  and  apparrell,  .  .  .  7.   16.  00 

It         In  neat  Cattell  and  in  hay,  .  .  93.   00.  00 

It         in  horsse  fleshe,  .  .  .  .34.  00.  00 

It         inhoggs,    .....  66.  60.  00 

It         in  debts,  .  .  .  .  .29.  03.  04 

It         in  Englishe  corne,  ...  70.  00.  00 

.It         in  goats,  .  .  .  .  .         3.  15.  00 

It         in  carts,  ploughs  and   the   furniture]  belonging 

theretoo,       .  .  .  .  .       6.  00.  00 

It         innayles,     .  .  .  .  .  1.   10.  00 

Ite       Indean  Corne,    .  .  .  .  .       8.  00.  00 

It         in  old  wheat  and  pease,        ...  6.  06.  00 

It         for  certain  things  in  the  chamber,  .  .       2.  00.  00 

It         for  amunition,  ....  5.  00.  00 

Ite       for  fower  beds  w""  the  furniture,  .  .     13.  06.   08 

It         in  fyne  Lynnen,       .  .  .  .  5.   10.   00 

Ite       2  table  boards,  2  chests,  1  Trunke  w'"*  other  Imple'',  5.  00.  00 
It         pewter  &  brasse  and  other  vseful  vessells,   .  12.  00.  00 

It         in  husbandry  tooles,       .  .  .  .3.  00.  00 

It         in  beife,  buttor  and   cheese   and  other  necessary 

p'^vision  for  the  howse,  .  .  .8.  10.  00 

*  This  clearly  ought  to  follow  "  John  Fishe  his  100,"  &c.,  four  lines  above.     The  entries  were 
probably  separated  by  an  error  of  the  recorder. 

40* 


462 


WILLS      AND     INVENTORIES 


Ite       In  poultry, 


1.  00.  00 

Som:  380.  17.  00 

The  debts  of  Nath:  Foote  of  Wethersfield  w"^  he  did  owe  at  his 
disease. 
Imp™,  for  goats,  21.     It;  another  debt,  3/.  10*.    It;  125. 

It;  11.  2s.  4.d.     It;  125.  6d.     It;  11.  lOs.  .  9     7  10 

The  Land. 
Ten  acres  of  home  lotts   w^''  one  dwelling  howse  and  2   barnes  w"* 
other  buildings  therevppon, 
4  acres  of  home  lotts, 

6  acres  of  meadow  w'*"  an  acre  of  swampe, 

20  acres  of  plaine  fenced  in  being  14  ac  broke  vp, 

7  acres  of  the  plaine  meadow  plowed  vp, 
20  acres  in  the  great  meadow  of  hay  grownd, 

4  acres  in  bever  meadow, 
27  acres  of  swampe  grownd, 
81  acres  of  vpland  in  the  weste  field, 
32  rod  broad  beyond  the  Riuer  being  three  myles  in  length. 

Richard  Trott,  Samuell  Smith, 
Nathaniell  Dickenson. 

3  sowes,  6  young  shoats  prysed  17Z.  One  young  mare  prysed  at  51. 
A  company  of  nayles  w**"  other  smale  things,  11.  10s. 

Land  devided  to  the   Wydowe  Foote. 

4.  ac.  home  lott  where  her  howse  is,      .  .  20.  00.  00 

The  howseing,  .  .  .  .  .50.  00.  00 

2  ac.  vnsubdued,  .  .  .  .  4.  00.  00 
7  ac.  plaine  broke,    .           .             .             .             .       28.  00.  00 

3^  plaine  med:     .              .  .              ,              .  20.  00.  00 

14  ac.  meadow,          .              .              .              .  .70.  00.  00 

3  ac.  plaine  not  broake  up,  ...  5.  00.  00 
30  ac.  vpland  in  westfield,    .             .             .  .15.  00.  00 

Som:  212.  00.  00 

Land  devided  to  the  eldest  sonne. 

3  ac.  homelott  nexther,               ...  15.  00.   00 

2  ac.  vnsubdewed,                .              .              .              .  4.  00.  00 
7  ac.  plaine  broke  vp,    .              .              .              .  28.   00.   00 

3|- of  meadow,  .  .  .  .  .20.  00.  00 

3  ac.  in  great  med:         ....  24.  00.  00 

4  ac.  in  beaver  med:  .  .  .  .         4.  00.  00 
27  ac.  swampe,    .              .              .             .              .  1.   10.  00 

2  ac.  not  broke  vp,  ....         5.  00.  00 

30  ac.  vpland  west  field,  ...  15.  00.  00 

Halfe  the  east  side,   .  .  .  .  .10.  00.  00 

126.   10,  00 


WILLS     AND     INVENTORIES.  463 

Land  for  the  youngest  sonne. 

3  ac.  homelott,         .             .             .             .  .15.  00.  00 

6  ac.  mea:  in  the  swamp,            .              .              .  30.  00.  00 

21  ac.  west  field,       .              .              .              .  .10.  00.  00 

halfe  on  the  east  sd,           .             .              .              .  10.  00.  00 


65.  00.  00 


A  Debt  formerly  forgotten  w'^hhe  said  Deceased  Nath: 

Foote  did  owe,        .  .  .  .  1.  10.  00 

The  age  of  the  5  children  Dwelling  with  their  mother. 
Nath:  Foote,  24  yeares, 

Rob  Foote,  about  17. 

Frances,  about  15. 

Sarah,  about  12. 

Rebecka,  about  10. 

The  wyddowe  of  the  said  Nath:  Foote  is  admitted  to  administer 
the  Estate,  and  the  eldest  sonne  is  to  have  the  lands  before  men- 
tioned as  they  are  valued  at  126Z.  10^.  w''''  is  to  be  made  vppe  148/. 
&  the  youngest  sorme  the  pticuler  landes  above  mentioned  for  him 
at  65/.  w"*"  is  to  be  made  vppe  74/.  and  the  daughters  disposed  in 
marriedge  are  to  have  the  30/.  a  peece  w"*"  they  have  receaued 
made  vppe  74Z.  and  the  other  Children  are  to  have  74/.  a  peece 
p'^uided  it  is  lefte  at  the  dispose  of  their  mother  to  detracte  from  any 
of  them  if  shee  see  just  cause  5/.  of  the  portion  here  sett  downe,  and 
to  adde  yt  to  such  of  the  other  as  best  desearue  yt. 


[228]  The  last  Will  and  Testament  of  Ed:  Veir  of  Wethers- 
field,  W^^  he  being  in  p^fect  memory  hath  established,  the 
19th  of  July,  1645.* 

Impmis  I  glue  to  Mr.  Shareman  of  Totocott,  4  pownds.  Ite- 
to  Mr.  Smith  of  Wethersfield,  4  pownds,  of  w^h  two  legaces  my 
will  is  that  my  cow  wh  is  at  Totocott  shall  be  parte,  so  far  as 
y ts  worth,  to  be  deuided  betweene  the  two.  It:  I  giue  to  Lysly 
Bradfield  3  pownds.  It:  to  John  Robins  and  his  wife,  I  giue 
three  pownds.  It:  I  giue  to  Mary  &  Hannah  the  daughters  of 
John  Robins,  my  two  acres  of  meadow,  w<=h  I  had  of  John 
Robins  in  exchaynge  for  my  howse  and  homelott.  It:  my  mynd 
is  that  John  Carington  and  Tho:  Kirkeman  shalbe  no  loosers 
by  the  bargaine  of  pease  and  wheat  they  bought  of  me.     Ite:  I 

•  See  page  129,  ante. 


4G4 


WILLS      AND     INVENTOKIES 


make  Mr.  Shareman  &  Mr.  Smith  my  executors  to  who  I  giue 
the  rest  of  my  estate.  Memorand:  yt  is  my  mynd  that  John 
Carington  and  Th:  Kirkeman  shall  vse  their  indeauor  that  they 
loose  not  any  thing  in  their  Corne  through  their  owne  default. 
It:  my  mynd  is  that  John  Carrington  &  Tho:  Kirkman  shall 
haue  20s.  for  makeing  my  CofFen.  It:  my  mynd  is  that  there 
shalbe  206'.  bestowed  vppon  p^uissions  of  wyne,  bear,  caks  and 
such  like  of  what  may  be  had  for  my  buriall.  It:  I  giue  to  Mr. 
Swayne  all  my  workeing  tooles.  The  marke  of 

In  the  prsence  of  Ed:  Veir. 

Nath:  Dickinson. 


His  land  prysed  by  Richard   Trotte  &  Nath:  Dickenson,  Dec:  2: 
1645. 

Two  acres  of  meadowe,  6:   14:  0  ) 

A  peece  of  land  in  Penny  wise,   1:  10:  0  >  9£. 


One  Sowe 

Goods  at  Totocutt  prysed  hy  Will' 

Swayne  Sf  Robert  Rose. 

A  heifer,          .          .         4:  10:  0 

a  barrell,              .          .     0:  4:  0 

an  old  brasse  potte,            0:  7:  0 

in  bedding,      .          .          0:  8:  0 

a  locke  and  key,                0:  1:  8 

apeeceof  a  bearsskinne,  0:  3:  6 

an  old  cheste,          .           0:  1:  0 

a  frying  panne,                  0:  3:  6 


5:   18: 
Goods  prysed  by  Gyles  Smith  Sf 

Samuell  Nettleton. 
Two  smale  sawes,  0.  5:  0 

one  long  playne,  0:  2:  0 

one  plough  playne,  0:  2:  0 

2  old  smale  playnes,  0:   1:  0 

1  priker  &  chessell,  0:  1:  0 

an  old  axe,         .  .         0:  2:  0 

1  adds,         .         ,         .0:  1: 

2  smale  augers,  .         0:   1: 


16:  2 


0:   16:  0) 
[229]     Oweing  the  foresaid  Veare 

at  Totocutte. 
Tho:  Whitway,  0:     6:     8 

Tho:  Blachly,  0:     0:   10 

Will'  Palmer  for  6  bush: 

Indean,  .         -      0:  15:     0 

Tho:  Fenner,  .  0:     4:     0 

Lysly  Bradfield,       .      0:     4:     0 

Oioeing  him  at  Wether sjield. 
From  Mr.  Robins  10  bush: 

Indean,  10  bush:  pease, 

&         of  wheate,        3:     7:     6 
and  Qs.  8d.  in  corne  for 

worke,  .  .       0:     8:     8 

By  Rich:  Hill,  as  ap-"] 

peareth  by  bill,  in 

corne  at  March,  de;  }>  2:   16:     6 

a  sowe  2  yeares,  to 

halues, 
John  Carrington  &  Tho: 
Kircu  a  debt  of  12  bush: 
of  wheat  and  8  of  pease,3:  12:     0 
Henry  Palmer,    3£.  in 

Corne,         .  .        3:     0:     0 

fro  Ab:  Elsing  in  Corne,  3:     0:     0 


WILLS      AND     INVENTORIES,  465 

[230]     William  Froste  his  laste  will  and  testament,  wherein 
the  said  Willia  doth  giue  and  bequeth  all  his  lands  and 
goods  now  inioying,  the  vi^^  of  January,  1644. 
I  giue  and  bequeth  to  my  eldest  sonne  Daniell  Frost,  two 
p'ts  of  my  meadowe  and  vpland  outte  and  lo  lay  oute,  (the 
home  lotte  excepted,)  and  also  to  the  said  Daniell  Froste  all  my 
parte  of  the  swampe  and  Redye  ponds,  and  also  fifteene  acres 
of  meadowe  that  I  bought  of  John  Graye,  lying  att  Muchun- 
cohsor   Sasqug,  comonly  so  cauled,  and  also  my  cloake  and 
warmeing  pan,  I  giue  to  the  said  Daniell  Frost  his   heires  for 
euer  ;  I  giue  and  bequeth  to  Rebecka  &  Sarah  Frost  that  blacke 
heifFer  that  Daniell  Frost  hath  to  wynter ;  I  giue  and  bequeth 
to  my  Sonne  Abraham  Frost  all  that  lotte  and  howse,  w^h  all 
the  land  laid  out  and  to  be  laid  out,  that  I  bought  of  John 
Stickling,  wth  those  mouealls  I  bought  of  him,  and  also  those 
cloathes  on  my  bedde  and  my  little  chest,   and  also  my  two 
great  Oxen  and  my  two  greate  yearleing  Calues,  w'^  all  that  is 
in  my  little  chest,  and  on  third  part  of  my  howshold  goods.     I 
giue  and  bequeth  to  my  daughter  Elizabeth  and  John  Graye 
the  sowe  that  he  hath  to  winter  and  all  her  increase  and  [the 
third  part  of  my  howshold  goods ;  &  to  Luke  Watson]  the  two 
yeare  old  blacke  heifer  that  goodman  Close  hath  to  the  halfes 
for  fowei>  yeares,  the  p^fite  to  be  for  the  said  Luke.     And  to 
Susanna  and   Johana  Watson,  daughters  to  Elizabeth  Graye, 
one  blacke  heifer  that  John  Graye  hath  to  the  halues  for  fower 
yeares,  and   the  profit   to  them  both   equally.     And  the  redde 
heifer  that  Daniell  Froste  wintereth,  I  giue  to  John  Crayes 
owne  two  children,  and  the  profit  equally  to  them  both.     I  giue 
and  bequeth  to  Henry  Graye  and  Lydea  Graye  for  their  hues 
and  after  them  to  Jacob  their  sonne,  all  my  howse  and  home 
lott,  wth  that  part  that  I  chaynged  w^^  John  Foster,  and  the 
third  prte  of  my  meadowe  and  vpland,  laid  out  and  to  lay  out ; 
and  to  Mary  Graye,  daughter  to  Henry  Graye,  I  giue  and  be- 
queth my  redde  heifer  that  Goodman  Close  hath  to  wynter. 
And  to  Mary  Rylie  and  her  children,  I  giue  and  bequeth  all 
my  goods  and  lands  that  T  haue  in  Old  Ingland.     And  to  the 
Towne  of  Vncowah,  I  giue  and  bequeth  tenn  pownds,  in  good 

[In  margin]  '  These  words  enterlyned,  the  third  parte  of  my  howshold  goods,  and  to  Luke 
Watson.' 


466  WILLS     AND     INVENTORIES. 

pay,  towards  the  building  a  Meeteing  howse,  to  be  paid  when 
yt  is  halfe  built.  Furthermore  I  ordeyne  and  make  Henry 
Graj'^e  of  Vncowauh,  my  lawfull  executor,  to  pay  and  dis- 
chardge  my  legaces  &  debts,  and  also  power  to  receaue  what 
is  due  to  me,  and  I  giue  the  foresaid  Henry  Graye  full  power 
to  sue  and  dischardge  for  any  debts  or  goods,  that  these 
p^sents  should  stand  in  force,  after  my  decease  and  not  before, 
and  I  entreat  Ephraim  Weeler  and  Daniell  Frost  to  be  my 
Ouerseers  to  see  my  will  pJ'formed  according  to  the  intent 
thereof,  and  they  are  to  haue  ten  shillings  for  their  paynes. 
Whereto  I  haue  sett  my  hand  and  seale,  the  day  and  date 
hereof 

Witnes,  Ephra  Weeler,  William  Froste. 

Frances  Purdy, 
Mary  Purdy. 
[529]     On  the  backe  side  of  Frosts  Will. 

These  are  to  explayne  my  meaneing  of  howshold  goods ;  all 
my  moueable  goods  or  tables,  excepte  corne  and  cattell  and 
swyne.  Further,  I  would  haue  Abraham  my  sonne  to  receaue 
to  his  vse  the  rent  of  all  the  howseing  and  land  that  I  bought 
of  John  Sticklin  ;  further,  I  will  that  Abraha  my  sonne  pay  no 
rent  to  Henry  Gray  my  sonne,  nor  Henry  to  him,  but  all  former 
ingadgements  to  be  voyd  betwixt  the,  in  or  about  the  lease.  I 
will  that  the  two  third  pi'ts  of  my  land  be  deuided  as  soone 
after  my  death  as  may  be,  yet  so  that  my  sonne  Henry  his 
leace  be  not  disturbed.     Witnes  my 

Witnes,  Ephraim  Wheeler,  '    Willm  Frost. 

Frances  Purdy, 
Mary  Purdy. 


[231]       The  last  Will  &  Testament  of  John  Purkas. 

I  the  said  John  Purkas  doe  appoynt  my  wife  to  be  my  sole 
executor,  to  administer  vppon  my  whole  estate,  to  bring  vp  my 
children,  and  it  is  my  mynd  &  will  that  my  wife  shall  possesse 
my  howse  and  land  for  her  p^per  vse  for  the  whole  tyme  of  her 
life,  pi'uided  that  shee  shall  haue  noe  power  to  alienat  yt  or 
make  sale  of  my  howse  or  any  of  my  land  wt^out  the  consent 
of  John  Talcotte  and  Richard  Goodman,  or  one  of  them  if  ether 


WILLS     AND     INVENTORIES.  467 

of  them  shall  dy.  Also  yt  is  my  mynd  that  if  the  child  my  wife 
goeth  w^ii  shalbe  a  sonne  and  shall  suruiue  &  continue  vntill  the 
death  of  my  wife,  that  he  shall  possesse  my  howse  and  all  my 
land  in  Hartford  for  himselfe  and  heires  ;  but  if  the  Lord  giue 
me  noe  sonne  my  mynd  is  that  my  howse  and  land  be  equally 
deuided  among  my  daughters  that  shall  suruiue  and  continue 
after  the  death  of  my  wife.  Also,  my  mynd  is,  that  my  daugh- 
ter Mary  &.  Elizabeth  shall  haue  ech  of  them  a  whole  and  ser- 
uiceable  pear  of  sheets  and  ech  of  the  a  pewter  platter  at  the 
age  of  eighteene  yeares.  And  if  God  giue  me  a  sonne  w^h  my 
wife  goeth  with  all,  my  mynd  is  that  if  my  sonne  shall  Hue  to 
the  age  of  eighteene  yeares,  that  he  shall  haue  my  gunne,  w^h 
is  a  fierlocke,  and  my  sowrd  and  bandaleres  and  rest,  and  my 
long  crosscutt  sowe,  and  my  betell  rings  and  three  wedges. 
Also  my  mynd  is,  that  my  howshold  shall  be  deuided  to  my 
daughters  that  shall  suruiue  &  continue  vntill  the  death  of  my 
wife,  only  the  bedde  and  blanketts  and  one  pair  of  sheets  and 
one  trunke,  I  leaue  wholy  to  my  wife  to  dispose  on  at  her  death. 
Witnesse  hereof  I  haue  sett  to  my  hand  the  15'^  of  October, 
1645. 

Witnes  hereunto,  Jo:  Talcott,  Jo:  Purkas. 

Rich:  Goodman. 

Nouember  26:  1663.  Know  all  men  by  these  presents  that 
I,  Jaret  Spicke  doe  acknowledg  my  self  receiued  of  Nicholas 
Palmer,  the  full  and  just  sume  of  ten  pownds,  which  is  the  ac- 
quiting  all  acco^s  between  us  two  concerning  my  wiues  por- 
tion, which  was  due  to  her  by  her  father  John  Purkis  his  will. 

Jerret  Speck. 

Witnes,  Thomas  Butler,  Robert  Sanford. 

Whereas  there  haue  bin  an  appoyntment  that  Nicholas  Pal- 
mer was  to  pay  his  daughter  in  lawe  Elizabeth  Purchass  tenn 
pownds  &c.  These  presents  doe  testify,  that  I  Richard  Case 
of  Windsor  doe  acknowledg  that  I  haue  receiued  of  Nicholas 
Palmer  of  Windsor  afoarsayd  Tenn  pownds  in  pay  to  my  con- 
tent and  sattisfaction,  &  doe  hereby  acquitt  &  dischardge  the 
sd  Nicho:  of  all  debts  and  demands,  as  witness  my  hand  this 
17  December  :   1663: 

Signed,  &  deliuered  in  the  The  marke  of  Richard  M!  Case 
presence  &  witnes  of  us, 

John  Moore, 
The  marke,  Antho:  C  Hoskins. 


468  WILLS     AND     INVENTORIES. 

These  are  true  coppyes  of  the  origanell  receipts,  being  com- 
pared therew'th  Octob^  20*^:  64:  pr  me,  John  Allyn,  Sec- 
refy. 

[232]     An  Inventory  of  the  goods  of  John  Purkas,  deceased  in  Oct' 

oher,  1645. 
One  bedde  &  bolster,  2  blanketts,  one  on  rag,  one  pair  of 

sheets,  2  fetherbed,  pilloberes  &  2  pilloberes,  one  cov- 

erlett,         ........ 

Two  pair  of  new  sheets  &  one  pair  of  old  sheets  and  one 

halfe  sheet  &  two  old  pilloberes, 
His  weareing  cloathes,     ...... 

6  pewter  dishes  and  some  smale  things, 

one  great  brasse  kettell,  one  iron  pott,  one  brasse  pott,  one 

posnett,  brass  ladle,  driping  pan  &  other  implements, 
in  barrells,  tables  and  pailes,  ..... 

one  trunke  and  chest,  chaiers,  frying  pan  &  gridiron, 
one  fier  locke  musket,  bandalers,  rest  &  sowrd, 
one  crossecutt  sawe,  3  wedges,  two  betell  ryngs,  &  other 

implements,  ....... 

one  Cow  &  6  pyggs,  ...... 

and  come  for  the  yeare. 


£ 

s. 

4. 

15. 

0 

2. 

5. 

0 

4. 

0. 

0 

1. 

0. 

0 

4. 

10. 

0 

1. 

0. 

0 

1. 

5. 

0 

2. 

0. 

0 

1. 

10. 

0 

8. 

10. 

0 

30. 

15. 

0 

Feb:  27*:  1645. 

A  trewe  Inuentory  as  neere  as  we  can  find  out  of  all  the  goods, 
corne  and  cattle  and  lands  of  Samuell  Ierland,  deceased  the  20"' 
of  May,  1639. 
His  Howse  and  lotte  w""  8  acres  of  meadowe   &  all  other  diuidents 

vnsold  prysed  at, 40£.  0.  0 

His  Apparell  and  p'rsonall  estate,       .         .         .         .      10.     0.  0 
His  Hoggs,  .         .         .         .         .         .         .  20.     0.  0 

Tho:  Vffoote  ,  Som:  70£.  0.  0 

Jo:   Edwards. 


[233]  Whereas  I,  George  Willis,  of  Hartford  vppon  Con- 
ectecutt  am  by  a  gratious  &  mercifull  visitation  of  the  Lord 
sumoned  to  expect  my  chainge,  to  the  end  therefore  that  I 
might  pi'forme  my  duty  and  continue  loue  and  peace  among 
those  I  shall  leaue  behind,  being  at  the  p^sent  through  the 
gentle  and  tender  dealeing  of  the  Lord  in  full  and  p'"fecte 


WILLS     AND     INVENTORIES,  469 

memory,  I  doe  dispose  of  that  estate  the  Lo:  hath  giuen  me, 
and  make  my  last  will  and  testament  as  folio weth: — 

I  giue  all  my  buildings,  lands,  tenements  and  heredetaments 
in  Hartford  bownds  and  at  Tunxis  Cepus,  vnto  my  beloued 
wife  Mary  Willis  and  vnto  my  sonne  Samuell  and  vnto  the 
heires  of  his  body,  and  in  the  want  of  such  heires,  then  vnto 
my  heires  as  yt  is  exp''ssed  vppon  record  : 

I  doe  giue  vnto  my  sonne  George  and  the  heires  of  his  body, 
all  my  land  and  buildings  vppon  the  west  side  of  the  great 
Riuer  in  the  bownds  of  Wethersfield,  now  in  the  hands  and 
occupation  of  diuers  men,  p^uided  he  doe  com  ouer  into  New 
England  and  settle  himselfe  and  his  family  heare,  according  as 
I  haue  wrote  him  by  letter,  dated  the  28ti»  of  October  laste,  (a 
coppy  whereof  is  among  my  papers  and  subscribed  w'^  ^ly 
owne  hand,)  and  p^'uided  that  he  make  payment  and  send  ouer 
hither  in  goods,  according  to  the  tenour  of  the  said  letter,  to 
the  vallue  of  three  hundred  pownds ;  it  being  my  will,  that  if 
he  attend  the  terms  p^pownded  by  me  in  the  letter  aforsd  he 
shall  inioy  and  there  shalbe  made  good  to  him  what  I  haue  of- 
fered and  tendred  to  him  in  my  said  letter,  w^h  is  the  buildings 
and  land  aforesaid,  as  also  onh  undred  pownds  to  be  paid  him 
in  corne  and  cattle  w'hin  three  months  after  his  arriuall  here, 
researueing  only  twenty  pownds  a  yeare  out  of  the  said  lands, 
wch  my  will  is  he  shall  pay  to  my  beloued  wife  Mary  Willis 
dureing  the  tearme  of  her  life.  But  in  case  my  sonne  doe  not 
attend  my  aduise  in  transplanting  himselfe  and  family  into  these 
pHs,  or  pfforme  not  the  conditions  p^pownded  by  me  as  afore, 
then  my  will  is  that  the  buildings  and  land  aforesaid  shalbe  and 
remayne  at  the  whole  dispose  of  my  beloued  wife  Mary  Willis. 

My  will  is  further,  that  my  sonne  George  shall  injoy  and  pos- 
sesse  my  lands  and  buildings  att  Feny  Compton,  in  Old  Eng- 
land, according  to  a  deed  made  to  him  by  my  feoffees,  and  the 
heires  of  his  body  after  him,  and  in  case  of  the  want  of  such 
heires,  then  to  fall  to  my  sonne  Samuell  and  the  heires  of  his 
body,  and  for  want  of  such  heires  then  to  the  right  heires  of 
me,  George  Willis. 

[234]     And  whereas  vppon  the  makeing  ouer  of  the  moity  of 
my  lands  att  Feny  Compton  aforesaid  and  the  reuersion  of  the 
other  moity  after  on  &  twenty  yeares  to  my  sonne  George,  I 
41 


470  WILLS     AND     INVENTORIES. 

researued  to  my  selfe  on  third  p^'te  of  his  mariedge  portion,  my 
will  is  that  in  case  my  sonne  George  shall  giue  to  me  or  my 
executrixe  a  generall  and  full  relesse  of  all  claimes  and  disburs- 
ments  expended  by  him  for  me  and  mentioned  in  his  last  ae- 
coumpte  sent  me,  that  then  he  shall  enioy  to  himselfe  and  his 
owne  pJ'per  vse,  that  third  part  of  his  mariedge  portion  so  re- 
searued. But  in  case  my  sonne  shall  not  accepte  of  this  third 
p^te  of  his  mariedge  portion,  in  full  satisfaction  of  all  claimes 
and  demaunds  of  monyes  due  to  him  fro  me,  then  my  will  is 
that  the  third  parte  of  his  mariedge  portion  due  to  me  as  afore- 
said shalbe  and  remayne  to  the  vse  of  my  executrixe,  and  that 
shee  pay  and  dischardge  vnto  my  sonne  the  fower  hundred 
pownds  claimed  by  him  fro  me,  in  his  accoumpts,  out  of  the 
estate  bequethed  to  her,  in  this  my  will. 

I  doe  giue  vnto  my  daughter  Hester,  fower  hundred  pownds, 
whereof  two  hundred  pownd  shalbe  paid  at  the  day  of  her 
mariedge,  in  mony,  and  the  other  two  hundred  pownds  in  such 
goods  and  comodityes  as  the  Country  doth  afford,  eighteene 
months  after  the  day  of  her  mariedge,  prouided  shee  or  any 
issue  of  her  body  be  liueing  at  that  tyme ;  but  if  it  please  the 
Lord  otherwise  to  dispose,  then  my  will  is  that  the  said  two 
hundred  pownds  shalbe  paid  to  my  daughter  Amy  and  the 
heires  of  her  body. 

I  doe  giue  vnto  my  daughter  Amy,  three  hundred  and  fifty 
pownds,  whereof  on  hundred  and  fifty  pownd  shall  be  paid  in 
mony  at  the  day  of  her  mariedge,  and  one  hundred  pownds 
Iwelue  months  after  that,  and  the  other  hundred  pownds  twenty 
fower  months  after  the  day  of  her  mariedge,  pt'uided  shee  or 
any  issue  of  her  body  be  aliue  at  the  seuerall  tymes  of  pay- 
ment as  aforesaid  ;  the  two  last  hundred  pownds  to  be  paid  in 
such  comodityes  as  this  Country  doth  aford. 

My  will  is  that  my  loueing  wife  Mary  Willis  shall  haue  and 
inioy  to  her  owne  pJ'per  vse  and  to  her  assigns,  the  lease  of  the 
moity  of  Feny  Compton,  for  one  and  twenty  yeares  ;  and  my 
will  is  that  shee  pay  tenn  pownd  a  yeare  to  my  daughter  Hes- 
ter, and  tenn  pownd  a  yeare  to  my  daughter  Amy,  for  the  said 
tearme  of  the  lease,  pi'uided  they  continue  so  long  in  this  life, 
but  when  ether  of  the  shall  departe  this  life,  then  the  said  anu- 
ity  to  cease. 


WILLS     AND     INVENTORIES.  471 

I  doe  giue  vnto  my  sonne  Samuell,  all  my  land  on  the  east 
side  of  the  great  Riuer,  w^hin  the  bownds  of  Wethersfield,  he 
paying  to  my  daughters,  Hester  and  Amy,  forty  pownds  a  peece, 
sixe  yeares  after  my  decease. 

I  doe  giue  vnto  my  loueing  fryends  Mr.  Fenwicke,  Mr. 
Heynes,  Mr.  Hopkins,  Mr.  Welles,  Mr.  Webster,  Mr.  Whiting, 
Capten  Mason,  Mr.  Hooker,  Mr.  Stone  &  Mr.  Wareham, 
tvi^enty  shillings  a  peece,  as  a  token  of  my  loue. 
[235]  I  doe  giue  vnto  M^is  Huet,  fiue  pownd,  out  of  the  debte 
due  to  me  fro  her  deceased  husband,  and  to  Mr.  Smith  fiue 
pownd,  out  of  the  debte  he  oweth  me,  and  to  William  Gybbins 
tenn  pownd,  out  of  Mr.  Smiths  debt,  to  be  paid  to  him  twelue 
months  after  my  decease.  George  Willis. 

I  doe  further  giue  to  my  sonne  Samuell,  ten  pownd  in  mony, 
and  all  my  books,  and  my  watch. 

I  doe  giue  vnto  ech  of  my  two  daughters,  a  bedde  and  furni- 
ture, w'^'»  I  leaue  at  the  ordering  of  my  wife. 

It  is  my  will  that  my  two  daughters  take  the  aduise  &  coun- 
sell  of  my  loueing  wife,  att  their  dispose  in  mariedge. 

I  doe  giue  and  bequeth  vnto  my  beloued  wife  all  my  debts, 
cattell,  chatells,  vtensells,  mony,  plate,  w^^  all  other  moueables 
not  otherwise  disposed  of  by  this  my  will.  And  for  the  pay- 
ment of  my  debts  and  p''formance  of  this  my  will,  1  doe  make 
my  beloued  wife  sole  executrixe. 

This  was  published  by  Mr.  George  George  Willis. 

Willis,  as  his  last  will  and  testament, 
the  14^^  of  December,  1644,  in  the 
p''sence  of,  Ed:  Hopkins,  &  Will'  Gybbins. 

Whereas,  I  haue  expressed  before  my  will  to  be  that  my  sonne 
Samuell  should  pay  to  ech  of  my  two  daughters,  Hester  &  Amy, 
forty  pownds  w'^in  sixe  years  after  rny  decease,  now  my  will  is 
that  the  said  forty  pownds  be  paid  w^i^in  on  yeare  after  my  sonne 
Samuell  shall  com  to  the  age  of  one  &  twenty  yeares,  to  ech  of 
my  said  daughters,  and  not  before. 

This  last  clause  was  added  the  George  Willis. 

22'h  of  Febr.  1644,  in  the  p^sence  of, 
Ed:  Hopkins. 


472  WILLS      AND      INVENTORIES. 

March  the  4th,  i644. 

My  will  now  is  that  the  two  hundred  pownds  giuen  to  my 
daughter  Hester  by  this  my  Will,  in  comodities  of  this  Country, 
and  made  payable  eighteene  months  after  the  day  of  her  mar- 
iedge,  if  shee  or  any  issue  of  her  body  be  liueing  at  that  tyme, 
that  the  said  two  hundred  pownd  be  paid  in  manner  following, 
vizt.  one  hundred  pownds  eighteene  months  after  the  day  of  her 
mariedge,  and  the  other  hundred  pownds  eighteene  months 
after  that,  p^'uided  shee  or  any  issue  of  her  body  be  liueing  at 
the  seuerall  dayes  of  payment,  as  before  ;  but  if  otherwise  it 
please  the  Lord  to  dispose,  my  will  is  that  it  be  paid  to  my 
Sonne  Samuell  and  daughter  Amy,  and  equally  diuided  betwixt 
them.  And  my  will  is  that  so  long  as  both  or  ether  of  my 
daughters  remayne  vnmaried  and  my  wife  continue  in  this  life, 
besids  their,  or  ether  of  their  dyet,  there  be  paid  to  the  fifteene 
pownds  a  peece,  p^  ann:  in  this  Country  comodityes,  for  and 
towards  their  mayntenaunce.  And  my  will  is  that  they  or 
ether  of  them  remayneing  vnmaried  att  my  wyues  death,  that 
sixe  months  after  her  discease  the  portion  that  is  giuen  by  this 
my  will  to  them,  or  ether  of  them,  payable  at  the  day  of  mar- 
iedge, shalbe  paid  to  the  or  ether  of  them  that  soe  remayne,  to 
[236]  be  at  their  owne  dispose ;  ||  and  if  they  afterwaird  marry, 
then  the  resdue  of  the  portion  giuen  to  them  or  ether  of  them  by 
this  my  will,  to  be  paid  according  to  the  tenor  and  true  meane- 
ing  thereof. 

I  doe  further  giue  &  bequeth  twenty  Nobles  to  the  poore  in 
the  Towne  of  Hartford,  fiue  marke  to  the  poore  in  Wethersfield, 
forty  shillings  to  the  poore  att  Wyndsor,  and  forty  shillings  to 
the  pore  at  Tunxis  Cepus,  to  be  paid  in  Country  comodits  and 
disposed  according  to  the  discretion  of  my  Executrixe. 

These  explications  and  additions  George  Willis.* 

of  the  4^11  of  March  were  made  in 
the  pi'sence  of,  Ed:  Hopkins, 

Will'  Whiteing. 

*  "  George  Wyllys  Esq.  late  of  Fenny  Compton,  in  old  England,  dyed  March  9''',  1644." 
{^Hartford  Records.)  From  the  record  of  the  Particular  Court,  (page  122,  ante,)  it  appears  that 
Mr.  Willys'  Will  was  brought  into  Court,  March  5th,  1645-fi. 


wills    and    inventories.  473 

[240]  March  20'^,  1645. 

A  p^ticuler  of  all  the  debts  oweing  to  William  Lotham,  as  also 
by  him  oweing : 

Imp".  Debts  to   him  oweing,  first   from  Mr.  Robins,  for  de- 
linking Robert  Bedle  at  Fishers  Hand,  according  to 
Mr.  Robins  desire,      .... 
Ite:  to  him  due  fro  Goodman  Comstocke,  for  Tobaco, 
Ite:  also  fro  Walter  Baker,  for  Tobaco, 
Ite:  fro  Seargeant  Bryan,  vppon  Mr.  Tapens  accoupt, 
Ite:  more  fr5  Seargent  Bryan,  for  transporting  2  butts  of 

sacke  from  Mr.  Leches, 
Ite:  fro  Seargeant  Bryan  more  in  sope, 
Ite:  from  Henry  Townsend  11.  Ite:  fro  John  Ogden, 
Ite.  fro  Mr.  Mitchell  for  carrieing  goods, 
Ite:  fro  Goodma  Carman,  0.  6*.  Ite:  fro  Mr.  Olderton, 
ite:  fro  Frances  Homes,  36  pownd  of  Iron. 

Debts  by  him  oweing  to  the  p^sons  followeing  : — 
Imp".   To  one  Elias,  his  seruant  formerly,  about 
Ite:  to  on  Michaell  Chatterton,       .... 
To  Frances  Homes,  .... 

Ite:  To  Latha  as  long  as  he  is  myne  after  sixe  and  twenty 
shillings  a  month. 

A  pHiculer  of  his  goods,  as  followeth  : 
Imp":  3500  of  Planke,  6000  Trunnells,  500  of  Iron,  part  att  Frances 

Homes,  part  att  Mr.  Tappings,  the  rest  in  a  grapnell  lying  att  the 

Waterside. 

Ite:  a  barrell  and  three  quarters  of  tarre  and  pitch,  lying  att  the 
waterside. 

Ite:  a  sow  in  Edmund  Sticlins  hands. 

Ite:  a  boate  of  tenn  tun,  w""  two  roads,  an  anker,  a  grapnell, 
mainesale  and  foresale,  a  iron  pott,  a  new  sute  of  cloathes,  shues, 
hatt,  stockins,  three  shirts,  6  handcharses,  2  bands,  a  gunn,  one  hun- 
dred nynty  three  pickes,  on  auger,  one  draweing  knife. 


1. 

14. 

0. 

6. 

0. 

6. 

1. 

9. 

0. 

16. 

3. 

0. 

1. 

15. 

3. 

19. 

1. 

0. 

3. 

0. 

0. 

10. 

0. 

6. 

2  chessells,  2  caukeing  irons,  some  heads  for  clinke  worke,  a 
scraper,  a  brest  wimble,  one  iron  wedge,  a  frying  pan,  a  skellette,  a 
sacke  w'^''  some  biskett  in  yt,  another  old  sacke  vsed  for  a  bedd,  an 
axe,  a  perre  of  pinsers,  2  hamers,  a  gymlett,  2  Indean  baggs,  a  file, 
a  butter  tub,  a  powder  borne,  a  p^re  of  old  stockings,  an  old  buckett, 
an  old  kettell  to  make  fyer  in,  a  mallett,  a  woodden  dishe,  a  platter, 
a  litle  box,  on  gouge,  on  narowe  chessell,  a  chest,  an  iron  candle- 
sticke,  2  owers,  2  setting  poles,  an  halespeare,  a  pockett  compasse, 
a  skife  &  two  Owyres. 

These  seuerall  p'ticulers  appeareing  under  the   lyne  Avere  added 
vppon  a  vewe  taken  in  the  boate   the  same   morneing  the  Testator 
dyed  by  others  &  Will'  Wells. 
41* 


474 


WILLS    AND      INVENTORIES. 


[241]  Wheras  on  the  other  side  herof  ther  is  p''ticulers  of  the 
debts  &  creditts  and  goods  of  Willia  Lotha,  w'^''  apeares  best  vnder 
ech  p'ticuler  matter,  and  therunto  as  his  memory  may  be  [  ] 

being  now  visited  by  the  hand  of  the  almighty  Jehouah,  w"'  sicknes, 
haueing  in  p''sence  of  vs  whose  names  are  hereunder  subscribed,  de- 
clared his  mynd  and  will  to  be,  that  in  case  a  period  be  put  to  his 
dayes  before  alteratio  hereof,  then  his  just  debts  being  defrayed  out 
of  his  p^sonall  estate,  the  remaynder  hereof  is  by  him  giuen  &  be- 
quethed  to  John  Clarke  and  John  Ogden,  who  he  maks  joynt  execu- 
tors of  this  his  last  will  and  Testament,  equally  to  be  deuided  betwixt 
the.  Witnes  my  hand  the  day  and  yeare  w^^n  written. 
In  the  p''sence  of  vs, 

Will'  Wells,  Ed:  More, 

Isacke  Nicholls,  George  Allsoope. 


SEPXeBER  THE  27'",  1645. 
An  Inuentory  of  the  goods  of  Will':  Lothd  late  deceased. 

Imp'':  a  Boat,  8  tun,  more  or  lesse,  valued  at  30^.  p^'tun,  12.  0.  0 

On  grapnell,  on  anker,  about  a  C.  and  ^,                 .  3.  10.  0 

Maynsale  &  foresale,               .              .              .              .  .5.  10.  0 

about  halfe  a  C.  wayght  of  rigging,  w^'the  oares,  1.  0.  0 

a  Skife,  1.  10.  for  old  tooles  &  nayles,  0.  10.                .  2.  0.  0 


also,  a  chest  prised  att                 .  0.  3. 

a  Coat,  drawers  &  cap,         .              .  0.  17. 
a  doublet,  breches,  stockings,  shues 

&  hatt,  &  some  other  old  cloathes,  2.  7. 

an  Iron  pott,  0.  10. 


prised  and  witnessed  by  3. 

Tho:  Burchwood,  Stephen  Poste. 


Som: 

0 

0 


24Z. 
Ed:  More, 
Will'  Carrose, 
Tho:  Trecy. 


15.  0 


[242]     A  Inuentory 

of  the  goods  of  Ed:  Harrison, 
ceased. 

latly  de- 

£     s.  d. 

£  s.d. 

one  chest. 

0.     6.  8 

one  p''re  of  stockings, 

0.  2.  0 

in  mony. 

3.  19.  5 

one  stuffe  sute, 

0.  6.  8 

in  Wampum, 

0.  13.  4 

one  wascoate, 

0.  5.  0 

two  shirts. 

0.     8.  0 

one  p''re  of  shues, 

0.   3.  4 

two  hats. 

0.     6.  0 

one  p'"re  of  boots, 

0.   7.  0 

one  old  Coate, 

0.     2.  4 

one  p''re  of  drawers, 

0.  0.   6 

prysed  by  Nath:  Waird  &  Andrewe  Warner,  7.  0.  3 

Townsmen,  John  White,  Gregory  Wilterton. 

Mr.  Whiting  speaks  of  some  Beauer,  viijZ.  &  boards,  8  C. 

There  was  testimony  giuen  in  Courte  vppon  tlie  28""  March,  1650,  in  reference  to  this  estate, 
as  appeares  by  the  Records  of  the  said  Courte,  in  the  Booke  of  Perticuler  Courtes.  fol:  5; 


WILLS     AND     INVENTORIES.  475 

[244]  Anno:  1648:  Aprill  20th. 

Imprimis,  This  is  the  last  Will  and  Testament  made  by  mee, 
John  Porter,  of  Wyndsor,  allthough  now  weake  and  sick  in 
body  yet  in  p^fect  memory,  doe  bequeath  my  Soule  to  God 
that  gaue  it,  and  my  Body  to  bee  buried,  and  my  Goods  as  fol- 
io we  th  : — 

Item,  I  giue  to  my  eldest  sonne,  John  Porter,  one  hundred 
pounds  ;  and  to  my  second  sonne  Jeames  Porter,  I  giue  three- 
score pounds  ;  and  to  my  other  six  children,  to  witt,  Sammuell 
Porter,  Nathaniell  Porter,  Rebecka  Porter,  Rose  Porter,  Mary 
Porter,  Anna  Porter,  I  giue  to  each  of  them  thirty  pound  a 
peece  ;  w^h  is  to  bee  raised  out  of  my  whole  estate,  as  howse- 
ings,  lands,  cattells  and  houshold  goods,  and  is  to  bee  paid  as 
they  come  to  bee  twenty  yeares  of  age  or  sooner  if  my  ouer- 
seers  sees  just  cause,  without  whose  consent  I  would  not  haue 
them  to  marrye  ;  w^h  if  they  doe,  it  shall  bee  in  the  power  of 
my  ou''seers  to  abate  of  theire  porcons,  and  giue  it  to  the  other 
that  are  more  deseruinge.  And  in  case  any  of  my  children  dye, 
before  they  bee  married  or  bee  twenty  yeares  of  age,  theire  por- 
tion shall  bee  equally  devided  amongst  the  rest,  vnless  the 
ou^seers  see  cause  to  abate  it  vppon  the  eldest.  In  case  my 
estate  shall  bee  founde  vppon  perticular  veiw  to  arise  to  bee  more 
in  valew  then  these  portions  aboue  giuen,  or  less  then  the  summ, 
my  will  is  that  it  shall  bee  proportionably  added  or  abated  to  my 
childrens  seuerall  portions,  except  my  ou''seers  see  cause  to 
abate  my  eldest,  that  hath  the  bigger  portion,  or  likewise  my 
second.  The  particular  goods  wherein  each  childe  shall  haue 
his  porcon  paid  out  of  my  whole  estate,  I  leaue  to  the  discre- 
tion of  my  ou''seers. 

My  sonn  Joseph  Judgson  is  to  take  twenty  shillings  of 
Thomas  Thornton,  the  next  winter. 

Allso,  I  giue  fifty  shillings  to  the  pore  of  Wyndsor  Church. 

My  desire  is  that  these  my  beloued  freinds  would  bee  the 
oui'seers  of  this  my  last  will  and  Testament ;  Mr.  Warham,  of 
Wyndsor,  Mr.  Goodwyn,  of  Hartford,  Goodman  White,  of 
Hartford,  Mathew  Graunt,  of  Wyndsor. 

Wittnesses:  John  Porter.* 

Henry  Clarke,  Abigaill  Branker. 

*  See  page  191,  ante. 


476  WILLS      AND     INVENTORIES. 

Vppon  consideracon  of  the  buisnes  referred  to  c  considera- 
con,  touching  the  chilldren  of  John  Porter  of  Wyndsor,  deceas- 
ed, wee  findinge  some  expressions  of  his,  that  hee  would  make 
the  portions  of  his  two  eldest  daughters  as  good  as  his  younger, 
allso  wee  conceiue  the  eldest  were  helpefull  to  the  estate,  and 
that  the  Lord  hath  taken  away  one  of  the  younger  daughters, 
and  that  the  rest  of  the  chilldren  are  disposed  of  without  dam- 
age to  theire  portions ;  o''  apprehensions  are  (if  the  Courte  see 
meete)  that  the  two  eldest  daughters  portions  bee  made  vp 
thirty  pounds  a  peece. 

March  7th,  leso.  John  Taillcott, 

This  is  a  true  coppye  of  an  originall         Will':  Westwood. 
writing,  ordered  by  the  Courte  to  bee 
recorded  with  the  Will  and  Inventory. 

J.  C.  Secry. 

[245]  Aprill  27th:  1648. 

An  Inuentory  taken  of  the  whole  estate  of  John  Porter,  of 
Wyndsor,  late  deceased,  as  bowsing,  lands,  and  all  mouea- 
bles,  according  as  they  were  valued  by  the  men  imployed 
to  prise  them,  whose  names  are  underwritten : 

£      s.  d. 

Item:  All  the  bowsing  was  valued  at  sixty  pounds,  60.     0.  0 

Item:  The  homelott  pertaining  to  the  Howse,  w"*"  is  seuen 

acres,  valued  at  twenty  eight  pounds,  .  28.     0.  0 

Item:  The  meadow  before  the  howse  containing  sixteene 

acres,  valued  at  sixty  eight  pounds,  .  68.     0.  0 

Item:  All  his  land  on  the  east  side  the  great  Riuer,  fifty 
eight  rodd  in  bredth,  from  the  Riuer  eight  score 
back  in  length,  with  an  addition  fifty  rodd  in 
bredth,  and  in  length  two  myles  and  a  halfe,  val- 
ued at  sixty  fine  pounds  fine  shillings, 

Item:  Three  acres  of  meadow,  valued  at 

Item:  of  woodland,  forty  six  acres,  valued  at  thirteene 
pounds,  twelue  shillings. 

Item:  eight  acres  in  a  swamp,  valued  at  two  pounds. 

Item:  sixty  acres,   remoate  in  the  woods,   valued  at  one 

pound  ten  shillings,  .  .  .  1.   10.  0 

Item:  for   plowing    and  seed   in   the    ground,   nineteene 

pounds,        .  .  .  .  .  19.     0.  0 

Item:  Cattle  valued  ;  foure  cowes,  foure  oxen,  four  young 
beasts,  one  mare,  nine  swyne,  at  seuenty  seuen 
pounds,  two  shillings,  .  .  •  77.     2.  0 


65. 

5. 

0 

6. 

15. 

0 

13. 

12. 

0 

2. 

0. 

0 

6. 

5. 

0 

20. 

17. 

0 

0. 

10. 

0 

WILLS     AND     INVENTORIES.  477 

Item:  All  the  furniture  for  carte  and  plow,  valued  at  six 

pound  fiue  shillings, 
Item:  Corne  in  the  howse,  twenty  pouiad  seuenteen  shill: 
Item:  Hopps,  ten  shillings, 

Goods  within  howse  valued  :  In  the  parlour  : 
One  standing  bedstead,  with  a  featherbed  and  all  thinges 
belonging  to  it,  with  a  trundle  bed  vnderneath  it ;  foure 
paire  of  sheets,  with  pillow  beers  ;  table  linnen ;  wear- 
ing cloaths  of  his  owne,  and  wearing  cloaths  of  his 
wiues  ;  and  other  furniture  about  the  room  ;  valued  at 
thirty  two  pound  two  shill:  .  .  .  32.     2.  0 

Item:  In  the  Chamber  oner  the  parlour  : 
One  standing  bedstead,  with  a  featherbed   and  all  things 
belonging  to  it ;  one  halfe  headed  bedstead  and  bedding 
to  it;   with  some  cushions  and  cotton  wooll ;  valued  at    11.   14.  0 

In  the  Chamber  ouer  the  Kittchin  : 

Item:  Some  bedding  for  children,  valued  at  .  3.     9.  0 

Li  the  Kittchin  : 

Item:  Fiue  siluer  spoones ;  and  in  pewter  and  brass,  and 
iron,  and  amies,  and  ammunition,  hempe  and  flax 
and  other  implements  about  the  roome  and  in  the 
sellar,  valued  at  thirty  fiue  pound,  14  shilP:  35.   14.  0 

Item:  In  the  new  Roome,  seuerall  sortes  of  tooles  for  hus- 
bandry and  seuerall  other  vses,  valued  at  7.     0.  0 

Item:  In  debts  owing  to  the  estate,  .  .  12.     2.  0 


470.   17.   0 


Debts  to  bee  paid  out  of  the  estate,  201.  lis. 

Henry  Clarke,         William  Phelps, 
Dauid  Willton,        Thomas  Forde. 


[246]     An  Inuentory  taken  of  the  goods  of  Tho:  Fenner,  de- 
ceased May  the  15,  164[7]. 
Att  G»  Luffuns: 
Imp",  a  peece  of  Trucking  cloath  of  about  4  yards,  32s. — A  Jack- 
ette,  &  p''re  of  breches,  30*. — 1  Fowleing  peece,   30*. — 1 
Racoone  skine  coate,  12^. — 11  Beauer  skins  atte  8*.  p'p^. — 
21  kniues  att  4^.  a  dozen,  7^. — 2  lookeing  glasses,  0.  8(Z. — 
An  old  hat,  stockings  &  shues,  3*. — a  little  iron  potte,  6*. 

Prysed  by  G»  Luffim  Sf  G"  Northam,  May  the  17. 
A  p^cell  of  wooden  ware   about  61.     Ite:  His  boate  and 
lyne  w"''  he  brought  vp.     Ite:  a  p''cell  of  wampu  about 
20/.   &  16  peeces  of  Dutch  mony  in  Mr.  Whitings  hand. 
The  boate  &  loading. 


478  WILLS     AND      INVENTORIES. 

Goods  att  Totokett  of  the  sd  Tho:  Fenners,  prysed  by  Robert  Rose 

8f  Jo:  Plum. 

Imp",  one  peece  of  trucking  cloth  con.  24  yards  at  Is.  6d. 

p'yard,  .  .  .  .  9.     1.  10 

one  peece  more  of  vyolet  cullered  trucking  cloath, 
of  21  yards,  at  7s.  6rf.  p^  yard,      .  .  7.17.     6 

Ite:  on  other  peece  of  damask  coulered  trucking  cloath, 

con.  13  yards,  at  65.  6d.  the  yard,  .  4.     4.     6 

Ite:  one  smale  &  course  fetherbed  tecke   &  boulster,  w"' 

some  fethers  put  into  them. 
It:  one  course  Cou'lette, 

It:  2  blanketts,  on  cotten,  the  other  cotton  &  lynnen, 
It:  on   weareing  coate,  1:  5:  0.     It:  one  coate  made   of 

Catte  skins,  .... 

It:  one  coate  made  of  Racoone  skins, 
It:  two  deer  skins,  one  foxe  skin  and  a  pair  of  Indean 

stockins,  ..... 

It:  one  old  sowrd,  0:  0:  5.     It:  one  pair  of  shues, 
It:   11  traplines  0:  1:0.     It:  a  litle  oyle,  in  a  halfe  firkin,  0. 
It:  a  smale  kettle,  he  vsed  to  boyle  tar  in, 
It:  one  short  coate  made  of  darnixe. 
It:  one  Portingale  cap  begun  made  &  vnlyned,  w**"  a  smale 

piece  of  cloth  of  the  same, 
Ite:  in  Wampum,  ..... 

It:  2  yards  of  blewe  lynen,  0:  6:  0.     It:  4  bands. 
It:  4  handkercheifs,  cut  out,  vnmade, 
It:  on  ketell,  w'''  will  hold  about  a  pint, 
It:  2  dozen  &  a  halfe  of  Jues  trumps,  0:  4:  0.  It:  his  Chest, 
It:  3  yards  one  halfe  of  red  broad  cloath,  at  18s.  p"'  yd. 
24  bush:  of  Indean  trucked  w""  Indeans,  at  2*.  6d.  p' 

bush:  .  .  .  .  .  3.     0.     0 

Concerneing  his  debts,  we  cannot  yet  certenly  find  what  they  are. 
The  writings  in  his  chest  you  wrote  for,  are  sent  w'*"  this  Inuentory 
&  are  fmnd  to  be  somewhat  imp'fect,  w''''  is  like,  had  we  had  tyme  & 
the  booke  he  had  w""  him,  they  myght  haue  bine  p'^fected.  Mr. 
Swayne  ought  him  41.,  towards  the  w"""  payment  he  appoynted  him 
to  receaue  20  bush:  of  pease  of  Sa:  Gardner. 

Concerneing  what  is  owed,  we  fynd  he  owes  to  a  Country  Rate, 
185.  8d. ;  besids  there  is  another  Rate  come  out,  yet  vngathered  of 
any ;  and  also  some  fenceing  w''*'  he  hath  lett  out,  &  22  weeks  dyet 
to  Mr.  Swayne  ;   also  some  other. 

Robert  Rose, 
The  17*  of  the  3^  month  1647.  Jo:  Plum. 


2. 

0. 

0 

0. 

12. 

0 

0. 

14. 

0 

0. 

10. 

0 

0. 

10. 

0 

0. 

11. 

0 

0. 

5. 

6 

0. 

1. 

6 

0. 

2. 

0 

0. 

6. 

0 

0. 

4. 

0 

1. 

0. 

0 

0. 

4. 

0 

0. 

6. 

0 

0. 

2. 

0 

0. 

4. 

0 

3. 

3. 

0 

WILLS     AND     INVENTORIES, 


479 


[247]  The  Inuentory  of  the  goods  and  lands  of  Abraham 
Elsen,  lately  deceased  in  Wethersfield,  prysed  the 
8th  of  May,*  1648,  by  Sa:  Smith,  Nath:  Dickenson, 
Tho:  Hurlebutt. 


Impr":  his  apparell  att 
Ite:  in  wheat  &  pease, 
It:  in  Indean,  att 
It:  in  meale  &  molte, 
It:  one  bed  &  bedding, 
It:  his  husbandry  tooles, 
It:  chests  &  a  bed  ticke 

&  wooden  vessell,  2 


£ 

s. 

d. 

9. 

0. 

0 

3. 

5. 

0 

1. 

10. 

0 

1. 

0. 

0 

5. 

0. 

0 

3. 

10. 

0 

10.  0 


d. 


It:  his  brasse,  in  potts  &; 

kettells,  .         2. 

It:  his  arms  &  munition,     1 . 
It:  his  house,  homelotte 
I  &  mea:  att  40. 

It:  his  cattell,  att  18. 

It:  his  hoggs,  att  5. 

It:  that  w'=''  is  due  to  him 
I  fro  other,         .         5.     3.  0 


10. 
15. 


10. 
10. 


Som: 
The  debts  W^  he  oweth 


99. 
17. 


11. 
11. 


The  wyddow  is  admitted  to  administer, 
on  3  year  old,  the  other  a  yeare  and  halfe. 


Remayn:  82.     0.  0 

She  hath  two  daughters, 


This  G'*"  of  June,  1655.  An  account  of  y' House  and  Land  of  y° 
Heires  of  Abraham  Elsen  desceased  in  Wethersfeild,  rented  out  by 
us,  Nath:  Dickinson  and  Sam:  Smith,  foure  yeares,  for  y'  raising  of 
y'childrens  portions,  according  to  y'  appointment  of  this  Court,  unto 
Thomas  Hurlbutt,  at  foure  pounds  ten  shillings  y'  yeare,  voth  y^  use 
of  41.  1 0*.  for  three  yeares  :  y'  is  to  say,  y'  Rent  is  eighteene  pounds, 
y°  use  is  two  pounds  one  shilling  and  seauen  pence,  18.  00.  00 

02.  01.  07 


Layd  out  for  groundselling  y'  house,  one  pound 
three  and  fourepence,       .  .  1.  03. 

And  for  other  necessary  charges,  layd  out 

of  purse,  ...  0.  06. 


:20.  01.  07 


01.  10.  00 


The  charges  substracted  there  remaines,  18.   11.  07 

For  w*"*"  eighteene  pounds,  eleaven  shillings  and  seaven  pence,  wee 
y'  said  Nath:  Dickinson  and  Sam:  Smith,  doth  by  o'  hands,  y°  day 
and  yeare  abouesaid,  secure  y^  said  portions  unto  y^  Courte,  for  y^ 
best  improvement  of  y^  said  portions  for  y"  children,  either  till  they 
come  at  age,  or  till  y'  Courte  bee  pleased  to  call  us  to  acco'. 

{  Nath:  Dickinson, 
"'  )  Samuell  Smith. 


•  See  pages  162,  202,  ante. 


480 


WILLS      AND      INVENTORIES. 


[248]  The  Inuentory  of  the  goods  and  land  of  John  Elsen,* 
of  Wethersfield,  on  Conectecott  River,  w^h  he  was 
cesed  on  when  he  dyed,  prysed  the  sixtenth  of  May,  by 
Sa:  Smith  and  Nath:  Dickenson. 


Imp'Miis  Apparrell,  6. 

Ite:  his  cattell,  hoggs  &  a 

mare,       .  .         67. 

Ite:  his    cart    and    plows, 

w*  husbandry  tooles,  8. 
Ite:  his  brasse  and  pewter 

and  iron  vessell,  5. 

Ite:  his  tables  and   forms, 

chests      &      tubbs    and 

other    woodden    vessell 

and  some  other  things,  5. 
Ite:    his   corne    and    meat 

and  molte,         .  .6. 


18. 

0 

10. 

0 

10. 

0 

0. 

0 

10. 

0 

0. 

0 

Ite:  his  bedds  and  bedding, 
woollen  &  lynin  w"'  some 
leather,      .  .       14. 

Ite:  his  arms  and  ammuni- 
tion, .  .       2. 

Ite:  his  corne  vppon  the 
grownd, 

Ite:  his  howse  &  barne  & 
homelott  &  other  land,  87 

Ite:  debts  w"''  were  owing 
him,  .  .8 

Ite:  his  books,        .  1 


10.0 


0.0 


8.  13.4 

0.0 

10.0 
0.0 


221.    1.4 


A  coppy  of  the  dispose  of  Ms  estate,  before  Mr.  Smith. 
To  my  B.  Gardners  children,  land  att  the  meadowe  gate  ;  To  my 
Br:  Gardner  my  coate ;  To  Mr.  Smith,  5/.;  My  loueing  wife  all  the 
rest.  Only  the  howse  and  land  to  her  two  sons,  after  her  life  ;  11 
acres  of  meadowe,  howse  &  lotte  ;  3  roods  of  meadowe  to  B.  Gard- 
ners boy.  The  howse  &  home  lett  to  Ben:  The  meadowe  to  be 
deuided  betweene  him  &  Job.  John  T  Elsin 

Robert  Parke  his      marke. 

Heniy  Smith 

The  Wyddow  is  admitted  to  administer. 


[249]  May  the  19th,  1648. 

An  Inuentory  of  Tho:  Dewys  Estate, 

Imp":  One  howse  and  barne,  w""  the  home  lott,  in  quantity  £.  s.  cl. 

about  one  acre  &  quarter,  to  the  foote  of  the  hill,  40.  0.  0 
Ite:  one  p'cell  of  meadowe  adioyneing  thereunto,  about  7 

acres,     .              .              .              .              .              .       20.  0.  0 

Ite:  another  p''cell  in  the  great  meadow,   4  acres   &  one 

quarter,  .....  13.  0.  0 
Ite:  another  p'cell  in  the  great  meadowe,  3  acres  and  on 

quarter,  .  .  .  .  .  10.  0.  0 
Ite:  another  prcell  in  the  great  meadowe,   about  5  acres, 

Brodde  &  halfe,               .              .              .              .       1.5.  0.  0 

Ite:  two  p'cells  of  vpland,  about  29  ac:  &  halfe,                20.  0.  0 

Ite:  one   yoake   of  oxen,            .              .              .                15.  0.  0 

Ite:  two  mares  &  a  colte,  .  .  .18.  10.  0 


*  See  page  162,  ante. 


WILLS      AND      INVENTORIES.  481 

Ite:  two  cowes  and  on  young  beast,           .              .              12.  0.  0 
Ite:  one  sowe  &   two   piggs,   1:  0:  0.      Ite:  2   stocks  of 

bees,  2:  10:  0.    .              .              .              .              .       [3.  10.  0] 

Ite:  5  acres  of  corne  vppon  the  grownd,  .  5.0.0 

Ite:  7  other  acres  of  corne  vppon  the  grownd,              .         5.  0.  0 

Ite:  in  bedding,  bedsteed  and  lyning,        .              .                9.  10.  0 

Ite:  his  weareing  cloathes,  5:  10:0.     Ite:  Pewter,  1:8:0. [6.  18.  0] 

Ite:  a  chest,  a  boxe,  a  cubberd,  .              .              .                0.  11.  0 

Ite:  one  fowleing  peece,  sword,  powder  &  bullits,                1.  15.  0 
Ite:  wedges  &   betle  rings,  0:  4:  0.     Ite,   axes,  spads  & 

other  tooles,  1:  10:  0.         .              .              .              .     [1.  14.  0] 

Ite:  potts,  kettells  of  brasse  &  Iron,           .              .                7.  0.  0 

Ite:  hempe  &  flaxe,  IZ.     Ite:  a  saddell  &  pillion,  11- As.,  [2.  4.  0] 

Ite:  meal  trow,  tables,  payles  &  other  smale  things,             2.  1.  0 

Ite:  a  table  board,  0:  6:  0.     Ite:  a  syth,  0:  5:  0,            .  •  [0.  11.  0] 

Ite:  part  in  a  sawe  &  shott  mold,               .              .                0.  6.  0 

ite:  a  cart,  plowe,  harowe,  howes,  and  other  things,             3.  10.  0 

Som,  213£ 

The  distribution  of  this  estate  was  by  the  Courte  the  17'''  October  1648,  as  appearesby  the 
Records  of  that  Courte  ;*  and  prouision  made  for  the  childrens  portions  at  y=  Coune  the  6il>  of 
June,  1650.  fol;  9.  Dauid  Wilton, 

Robert  VVymbell.t 

Syxe  children,  4  boyos,  2  gerlls  ;  one  gerle,  Mary  Clark,  12 
yeare  old  ;  one  sonne,  Thomas  Dewye,  S  yeare.  Josiah  Dewey,  7 
yeare  old  ;  Annah  Devvye,  5  yeare  old  ;  Isreall  Dewey,  3  yeare  old  ; 
Jydidiah  Dewey,  3  quarters  of  a  yeare  old. 


[250]     A  trew  and  p''fecte  Inuentory  of  the  goods  and  Chat- 
tells  of  Seth  Grant,  of  Hartford,  deceased. 

Imp''':  In  the  parlowre,  one  great  table,  10^.:  3  joyned  £.  s.  d. 

stooles,  6s:  twochaire,  4^.  6d:  on  chest,  6s.                  1.  6.  6 

It:  in  the  lodgeing  roome,  1  fetherbed  &  bolster,  3  pillowes,3.  10.  0 
It:  one  rugge,  20*:   one  flock  bolster  10s:   3  blanketts  & 

one  couerlett,  U.  lOs.,      .     '         .              .              .     [3.  0.  0] 

It:  5  curtens,  I2s.  6d:  one  bedsted  and  strawe  bedd,  11.     1.  12.  6 
It:  one  trundle    bed.   Is:     fower    sheets    &    one   board 

cloath,  31.  lOs.            .             .              .              .              3.  17.  0 
It:  3  sheets,   3/.  10s:  fower  sheets,   IZ:  5  perre  of  pillo- 

bers,  11.  10s.,              .              ■             ■             •             6.  0.  0 
It:  a   parcell  of  linen  cloath,  21.  0:  one  table  cloath   & 

3  napkins,  l'2s.,           ....             2.  12.  0 

It:   1  graue  cloath,  'Ss:  three  towells,  4s.  Gd.  .             .       0.  7.  6 

It.  one  smale  boxe,  w"'  some  child  bed  linnen,         .             0.  5.  0 
It:  2  chests,  4  boxes,  13s.  4td:  one  cubberd,  5s:  one  warme- 

ing  panne,  6s.  8rf.,     .              .              .              .              1.  5.  0 

*  Page  168,  ante.  t  Wynchell  1 

42 


0. 

6. 

8 

1. 

5. 

0 

0. 

14. 

0 

0. 

12. 

0 

1. 

15. 

0 

1. 

1. 

6 

0. 

5. 

0 

482  WILLS      AND      INVENTORIES, 

It:  in  the  Hall,  one  Table,  2  forms,  1  chaire, 

It:  one  muskett,  bandalers,  &  sowrd. 

It:  1  pair  of  cobirons,  1  slyce,*  1  pair  of  tongs,  I  p're  of 

bellowes,  2  perre  of  trammells, 
It:  7  smale  books,  8s:  one  spit  &  gridiron,  4^., 
It:  2  brasse  kettells,  11.  5s:  three  brasse  posnetts,  10,?., 
It:  on  paile  w""  an  iron  baile.   Is.  6d:  2  iron  potts  &  pott- 
hooks,  11.,       .  .  . 
It:  one  bell  mettell  morter  &  iron  pestell, 
It:  2  smale  bear  vessels,  4^:   a  cowl,   2s.  8d:   an  hower 

glasse,  25.,  .  .  .  .  .       0.     8.  8 

It:  2  wedges,  2  axes,  2  betel  rings,  8s:    It:   10  pewter 

dishes,  21.  As.,     .  -  .  .  .       2,  12.  0 

It:   1  pewter  quarte,  1  halfe  pinte,  1  beker,  1  candlesticke, 

2  salts,  3  porringers,  2  saucers  &  1  bason,  0.   15. 10 

It:  4  smale  dishes,  As.,  .  .  .  .     0.     4.  0 

It:  2  peir  of  new  shoos,  IDs:  one  peir  of  boots,  75.  0.   17.  0 

It:  4  cushens,  &  his  weareing  apparrell,  .  .       2.     6.  8 

It:  in  ihe  chambers,  7  bush:  Indean  corne,  .  0.   17.  0 

It:  29  bush:  of  wheate,  51.  16s:  10  bush,  of  pease,  11.  10s.,  7.     6.  0 
It:  two  bush:  of  Indean  molt,  5*:  7  bush:  of  oats,  125.  0.   17.  0 

It:   1 S""  of  towe,  65.  4(Z:  25  pownd  of  hempe  teare,  1/.  55.,   1.   11.  4 
It:  in  the  yards,  1  Cowe,  61:  two  hoggs,  11.  10s.  7,   10.  0 

It:  on  dwelling  howse,   w""  the   barne   &  homelott,   cont: 

1  acre,  1  rood,  ....  40.     0.  0 

It:  in  the  north  meadow,  1  p'cell  of  meadow,  cont:  3  roods,  4.  10.  0 
It:  on  p''sell  of  meadowe  &  swampe,  cont:  3  ac.  3  roods  &; 

27  p'"ches,  .  .  .  .  .       20.     0.  0 

It:  2  roods  4  p'ches  of  meadow,  on  the  east  side  the  great 

Riuer,      .  -  -  .  .  .       2.     0.  .0 

It:   1  acre  of  swampe,  21:  and  32  acres  of  vpland,  80/.,        32.  0.  0 


The  totall  sume  as  ther  cast  vppe,     141.   10.  8 
March  the  4^  1646. 


[251]  The  last  Will  and  Testament  of  William  Buttleb,  late 
of  Hartford,  deceased. 

I  William  Buttler  of  Hartford,  in  Connecticutt,  doe  make  and 
ordaine  this  my  last  will  and  Testament,  wherein  I  giue  my 
earthly  goods  as  followeth : 

And  first,  I  make  my  brother  Richard  Buttler  dwelling  in 
Har  tford,  my  whole  executor,  and  all  that  is  left  of  my  lands 
and  goods,  when  hee  hath  paid  all  these  legacies  vnderwritten,  I 
giue  to  him. 

*  A  peel,  or  fire  shovel. 


WILLS      AND     INVENTORIES.  483 

It:  I  give  my  sister  Wests  children  that  are  now  huing  in 
old  England,  fine  pounds  a  peece.  Item,  I  give  my  sister  Win- 
ters children,  that  are  now  living  in  old  England,  fine  pounds 
a  peece.  Item,  I  giue  my  louing  frends  of  Hartford,  Mr.  Stone 
and  Mr.  Goodwyn  and  Mrs.  Hooker  and  Mr.  John  Steele,  ten 
pounds  a  peece.  Item,  Igiue  to  the  Church  of  Hartford,  three- 
skore  pounds.  And  further,  I  doe  earnestly  desire  my  two 
frends,  Mr.  John  Cullick  and  William  Gibbens,  both  of  Hart- 
ford, to  see  that  this  my  last  will  and  testament  bee  fullfilled ; 
and  for  theire  loue  and  paines,  I  doe  bequeath  to  each  of  them 
three  pounds  a  peece.  In  wittnes  whereof,  I  the  said  William 
Buttler  haue  set  to  my  hand,  this  eleuenth  of  May,  1648. 

William  Buttler. 

-A  true  and  perfect  Inventory  of  the  goods  and  estate  of  William  Butt- 
ler, late  of  Hartford,  deceased :    apprised  by  John  Cullick  and 
Williain  Gibbens. 
Imp':  wearing  cloaths  and  mony  in  his  purse,  .     12.     0.  0 

It:  one  bed  and  furniture,  ,  .  .  10.     0.  0 

It:  one  gunn,  one  sword,  powder  and  shott,       .  .       2.     0.  0 

It:  4  yards  of  searge  11.  lOs.     It:  land  at  Wethersfeild, 

60/.  .....       [61.   10.  0] 

It:  Land  at  Hartford,  90Z.     It:  In  debts,  193Z.  13*.         [283.13.0] 


Summa  Totalis,         429.  03.  0=* 


[252]     The  last  Will  and  Testament  of  John  Hoeskins,  of 
Wyndsor,  deceased. 

I,  John  Horskins,  of  Wynsor,  doe  make  this  my  last  will  and 
testament,  as  followth:  Item,  I  give  vnto  the  Church,  three 
pounds,  to  bee  distributed  by  th  e  Deacons  vnto  the  poore,  to 
bee  paid  in  wheat  or  pease,  as  wee  are  able.  Concerning  my 
man  seruant,  Sammuell  Rockwell,  my  desire  is  that  hee  should 
serue  in  my  howse  one  quarter  of  a  yeare  after  his  covenant  is 
out,  which  hee  hath  formerly  made  ;  and  in  case  hee  is  willing 
so  to  doe,  my  will  is  that  at  the  end  of  his  seruice,  hee  shall  haue 
six  pounds  of  mee,  as  wee  are  able  to  pay  it ;  but  in  case  hee  is 
not  willing,  then  my  will  is  that  hee  shall  haue  foure  pounds, 
when  hee  hath  compleated  his  tearme  of  searuice  allready  cou- 

*  An  error  of  the  original  record.    The  amount  of  the  Inventory,  as  recorded,  is  £369.  3.  0 


484  ■  WILLS      AND      INVENTORIES. 

enanted.  Some  persons  owe  mee  some  small  sums  of  corne, 
w^h  I  shall  leaue  to  the  disposing  of  my  wife  and  my  sonne. 
Fiue  bushells  of  Indian  Corne  and  seauen  pecks  of  pease  is  due 
to  mee  from  Robert  Winchell,  and  Thomas  Hollcombe  owes 
mee  seuen  bushells  of  pease ;  and  Sammuell  Gaylerd  owes 
mee  two  bushells  of  pease,  and  eight  shillings  or  thereabouts  of 
an  old  reckoning  ;  and  Abraham  Randall  owes  mee  foure  shil- 
lings. And  all  the  rest  of  my  goods,  moueable  or  immoueable, 
cattell,  howses  and  lands,  and  any  thing  growing  thereon,  I 
leaue  to  my  wife  and  my  sonn  Thomas,  assininge  them  to  re- 
ceaue  my  debts,  and  allso  to  make  payment  of  theise  things 
forenamed,  or  any  other  ingagement  of  mine.  In  wittnes 
whereof,  I  have  herevnto  put  my  hand,  this  first  of  May,  1648. 

In  the  p^sence  of,  John  Horskins. 

Thomas  Horskins, 

Sammuell  Rockwell,  Abraham  Randall. 

An  Inventory  of  the  goods  of  John  Horskins  deceased,  June  this 

29:   1648. 
Imp^•  the  bowse  and  two  barnes,  with  the  homelott  of  12 

akersofland,  ....  52.     0.  0 

Item,  12  akers  of  meadow,  42Z:  Item,   a  great  lott,   27 

akers,  6Z.  15s.,  ....  48.   15.  0 

Item,  at  Pyne  meadow,  14  akers,  30/:  Item,  a  parcel!  of 

swamp,  3  akers,  3/.,   ....  33.     0.  0 

Item,  6  akers  of  wheat  sowen,  10/:  Item,  14  akers  of  di- 

uersesortes  of  grains,  18/.,     .  .  .  28.     0.  0 

Item,  2  paire  of  wheeles,  one  carte,  one  tumbrill,  w""  a 

plough   &  tackling  therevnto  belonging,  6.     0.  0 

Item,  halfe  a  Boate,  .  .  .  -  0.   10.  0 

Item,  two  axes,  howes,  sawes,  wedges,  and  hookes,  with 

other  things,  .  .  .  .  .       2.      0.  0 

Item,  two  swyne,  .  .  .  .  1.     6.  8 

Item,  in  the  Hall,  one  bed  &  a  bedcase,  and  the  furniture,    7.     0.  0 
Item,  two  beds  more  with  the  furniture,     .  .  6.     0.  0 

Item,  in  Leather,  1/:  Item,  in  sheets,  3/:  Item,  two  table 

cloaths,  6*.,  .... 

Item,  in  napkins,  6s:  Item,  in  holland,  1/.  2s., 
Item,  his  wearing  cloaths,  16/:  Item,  in  cotton  cloath  and 

kniues,  5/.  8^.,       ..... 
Item,  in  baggs  and   bottells,  1/.  6^:    Item,  in  chests   and 

boxes,  1/.  ..... 

Item,  a  table,  formes,  stooles  and  wheeles,   1/.  2s:  Item: 

in  bookes,  10^?.,      ..... 
Item,  one  furnace  pann,  2  brass  panns,  1  warming  pann 

&  other  things,       ..... 
Item,  in  pewter^,  1/.  2*:  Item,    3  brass  potts,  3/. 


4. 

6. 

0 

1. 

8. 

0 

>A. 

8. 

0 

2. 

6. 

0 

1. 

12. 

0 

3. 

15. 

9 

4. 

2. 

0 

WILLS      AND      INVENTORIES.            '  485 

Item,  1  frying  pann,  crooks,  pot  hookes  and  other  things,       1.  0.  0 

Item,  3  peaces,  2  swords,  powder,  bandleers  and  bullitts,     2.  10.  0 

Item,  a  barrill  of  pitch,       .              .              .              .              1.  0.  0 

Item,  in  barrills,  tubbs,  pailes,  hogsheads  &  other  things,     1.  10.  0 

Item,  a  cart  rope,  hemp,  flax,  yarne,  and  cushions,               2.  10.  0 

Item,  in  corne,  meale,  mault  and  bacon,  .  .  9.  0.  0 
Item,  in   salt,   siues,  meale  troughs,   one  hyde,   sadle  & 

other  lumber,  .  .  .  .  .  2.  10.  0 
Item,  2   kine,   11/.  lO.s:    Item,    one   Cowe,  4/.   and  two 

steeres,  61.,  .  .  •  .  .  21.  10.  0 
Item,  two  steares,  9/.  and  one  Cowe,  4.1.  10s:    Item,  one 

Bale,  Al •     17.  10.  0 

Item,  one  yoake  of  oxen,    16/.  10s:  Item,  one  mare  and 

colt,  14/.     .              .              .              .              .             .     30.  10.  0 

Item,  2  yearlings  and  two  calues,  4/.  10s:  Item,  in  debts, 

20/.  18*.,    .              .              .              .              .              .     2.5.  8.  0 

Will:  Gaylerd,  Thomas  Stoughton,         Totall  sum  is    338. [6.  8] 
Dauid  Willton. 


£253]     An  Inventory  of  the  goods  and  estate  of  Richard  Saw- 
yer, deceased  July  24,  1G48. 

£.    s.  d. 
Imp"':   1  musck  colored  cloth  doublitt  &  breeches,  1.  00.  0 

It:   1  bucksleather  doublett,  at  12*:    It:  1  calues  leather 

doublitt,  at  6s.,     .  .  .  -  .       0.  18.  0 

It:   1  liuer  coloured  doublett  &-  jacket  &  breeches,  0.  07.  0 

It:  1  haire  coloured  jackett  &  breeches,  .  .       0.  05.  0 

It:   1  p'  of  canuas  drawers,  1*.  6d.    It:  1  old  eoate  &  1  pf  of 

old  grey  breeches,  5*.       .  .  .  .       0.  06.  6 

It:   1  stuff  jackett,  2s.  6d.     It:  1  paire  greene  knitt  mens 

hose,  2s.,  .  .  .  .  .       0.  04.  6 

It:   1  old  coloured  hatt,  Ss.     It:  1  p""  old  knitt  cotton  hose, 

1*.  6d.,    .  .  .  .  .  .       0.  04.  6 

It:   1  new  coloured  hatt,  at  7*.     It:   10  bands,  at  15.s.  1.  02.  0 

It:  3  shirts,  at  12*.     It:   1  paire  of  old  bootts,  at  5s.  0.   17.  0 

It:   1  paire  of  old  shoes,  at  2*.,  .  .  .       0.  02.  0 

It:   1  chest,  1  paire  of  cloth  buskins  and  other  th:  0.  04.  6 

It:  in  siluer,   2*.   Sd.    in  wampum  2d^d.    It:  in   debts, 

21.  2s.  8d.,         .  .  .  .  .       2.  03.   104- 


John  Bernard,  Totall  sum  is         07.   17,   10|- 

Arthur  Smith. 

Octob'  n"'  1648,  The  Courte  gaue  Mr.  Cullick  pow"^  to  adminis- 
ter vppon  the  estate  abouesd.  as  appears  by  the  Records  of  that 
Courte.* 

*  Page  169,  tmU. 

42* 


486  WILLS      AND      INVENTORIES. 

[254]     A  true  and  perfect  Inventory  of  the  goods  and  chattells 
of  Richard  Rissly,  late  of  Hockanum,  deceased. 

£.    s.  d. 
In  the  yarde,  Impf^  two  milch  cows  and  a  heifer,  14.     0.  0 

Item,  3  heifers,  91.  and  one  steare,  3/.,  .  .     1.2.     0.  0 

Item,  one  Bull  and  two  young  Bullocks  61 ;  one  calfe,  205.  7.  0.  0 
Item,  one  steare,  51.,  one  spotted  hogg  50^.,        .  .     7.   10.  0 

Item,  2  sowes,  4Z.,  younge  hoggs,  91.;   6  stores,  41.,  and 

6  sliotes,  3Z.,         .  .  "  .  .  .     20.     0.  0 

In  the  Hall,  Item,  1  muskitt,  15*.,  and  one  sword,  Is.,  1.  2.  0 
Item,  2  frying  pans,  6s.,  and  one  kettle,  16s.,  ,       1.     2.   0 

Item,   1  kettle,  13s.  4(Z.,  and  one  small  kettle,  35.,  0.   16.  4 

Item,   1  posnett,  2s.  6d.;  one  iron  pott,  7*.,       .  .       0.     9.  6 

Item,  one  small  iron  pot,  2s.;  pott  hooks  and  trammells,  45. ,0.  7.  0 
Item,  3  platters  and  a  plate,  85.,  one  pewter  pott,  35.,  0.  11.  0 
Item,  1  pewter  cupp,   12d.;    six  spoones,   12d.;    earthen 

ware,  75.,  .  .  ,  .  .       0.     9.  0 

Item,  2  payles,  25.  6d.;  2  old  payles,  12^.,  .  3.6.0 

Item,  2    Indian  trayes,    45.;  2   platters,   2    bowles    and 

dishes,  35.,  .  .  .  .  0.     7.  0 

Item,   1    great    wooden    platter,   25.;     1    lattin    dripping 

pann,   18<^.,  .  .  .  .  0.     3.   6 

Item,   1  paire    of  bellowes,    25.;     one   joined    table  and 

formes,  IO5.,  ....  0.   12.  0 

Item,  2  chaires,  35.;  1  childes  chaire,  18d.;  a  forme,  6(Z.,  0.  5.  0 
Item,  6    trenchers,    a    scummer,    a    cleansing    dish,    & 

chaffing  dish,  .  .  .  .  q.     1.  6 

Item,   1  smoothing  iron,   I2d.;   1   great  Bible,    135.  Ad.; 

1  small  Bible,  25.,      .  .  .  .  0.   16.  4 

Item,  I. narrow  axe,  35.;  a  broad  axe,  25.;  ahattchett,  I2d.  0.  6.  0 
Item,   1  handsaw,  12d.;    1  hammer,  Sd.;   2  augers  and  a 

beetle  ring,  25.,  .  .  .       '       .  0.     3.  8 

Item,  1  charne,  35.;   1  coule,  35.;   1  keeler,  25.;    1  pow- 
dering tubb,  [35.]        ....  0.   12.  0 
Item,  2  beare  barrills,   55.;   1  powdering  trough,  45.;  2 

payles,  12d.,  .  .  .  .  0.   10.  0 

In  the  Parlour :    Item,    1   bedsted,    IO5.;    a    featherbed, 

straw  bed  &  2  boulsters,  5Z.,    . 
Item,   1  pillow,  55.;  1  paire  blanketts,  305  ,     . 
Item,  curtaines,  205.;   3  paire  new  sheetes,  3/.,     . 
Item,   6  yards  of  lynsy  woollsy,  125.;    a    flock  bed  and 

boulster,  305.,  .  .  .  ,  2.     2.  0 

Item,  1    paire   of  blanketts,  155.;   1  cradle,   25.;     3  pil- 
lows, 85.,        ..... 
Item,  3  pillow  beeres,  and  a  warming  pann, 
Item,  wearing  clothes,  and  mony  in  his  purse. 
Item,  3   chests  and   a   box,   125-;    a  hogshead   &  meale 

tubb,  65., 
Item,   ]  peace  of  sole  leather, 


5.   10. 

0 

1.   15. 

0 

4.     0. 

0 

1. 

5. 

0 

0. 

15. 

0 

3. 

0. 

0 

0. 

18. 

0 

0. 

3. 

0 

WILLS      AND     INVENTORIES. 


487 


In  the  chamber  ;  Item,   one  fann,  Qs.;    one  great  Indian 

bagg,  4^.,       .  .  .  .  .  0.   10.  0 

Item,  e'^of  hopps,  As.  Qd.;  rough  hemp,  lOs.,  .       0.  14.  6 

Item,  3  baggs,  "is.,  &  1  spade,  2s.;  a  corne  baskitt,  \2d.,  0.  6.  0 
Item,  1  saw,  1  old  sithe,  Is.;  1  iron  bayle  &  old  how,  \2d.,  0  8.  0 
Item,  halfe  a  bushell,  .  .  •  .  0.     2.  0 

In  the  Barne ;  Item,  55  bush:    wheate,  .  .     11.     0.  0 

Item,  40  bush:  of  pease  and  rye,  .  •  6.     0.  0 

Item,   15  bush:  of  Indian  corne,  .  .  .        1.  10.  0 

Item,  a  Howse  at  Hartford,  with  tlie  homelott,  4  akers  of 

swamp,  and  2  of  woodland,        .  .  .     26.     0.  0 


John  Cullick, 
Will:  Gibbons. 


Totall  sum  is     135.     5.  10 


There  are  3  children,  viz.  one  daughter,  by  name  Sarah  Rissly, 
betweene  7  and  8  yeares  old  ;  one  sonne,  by  name  Sammuell  Rissly, 
about  2  yeares  old  ;  and  one  sonn,  by  name  Rich:  Rissly,  about  3 
months  old. 

The  distribution  of  the  estate  by  the  Courte,  the  T""  of  DecemV, 
1848,  is:  To  the  3  children,  16Z.  a  peece,  to  bee  pd  to  the  daughter 
at  the  age  of  18  yeares,  and  to  the  sonns  at  the  nge  of  21  years,  Wil- 
liam Hill  bringing  of  y""  vpp  to  write  and  read,  and  giuing  security 
to  the  Courte  for  the  payment  of  the  seuerall  childrens  portions. 

[255]        Debts  owing  p^r  the  estate  of  Richard  Rissly  deceased. 


£. 

s. 

d. 

To  Joseph  Mygatt, 

2. 

6. 

5 

To  Mr.  Olcott, 

9. 

1. 

9 

Thomas  Selden, 

1. 

13. 

11 

Rich:  Lord, 

0. 

13. 

0 

Capt:  Cullick, 

0. 

17. 

10 

Sam:  Smith,  Weth: 

1. 

4. 

0 

Phillip  Dauis, 

0. 

13. 

10 

Will:  Gibbons, 

0. 

4. 

0 

Rich:  Fellowes, 

0. 

1.5. 

0 

Mr.  Moody, 

0. 

3. 

0 

Will:  Wessly, 

3. 

8. 

0 

Will:  Houghton, 

0. 

12. 

6 

Andr:  Warner, 

1. 

3. 

0 

John  Lyman, 

0. 

6. 

0 

Rob'.  Ely, 

1. 

12. 

0 

Mr.  IBtone  &  Mrs. 

Mr.  Edw.  Hopkins, 

16. 

15. 

8 

Hooker, 

0. 

11. 

0 

To  John  Hopkins, 

0. 

4. 

0 

Knott, 

0. 

10. 

6 

Thomas  Woodford, 

0. 

3. 

0 

Patience  Smith, 
John  Sabell, 

0. 
10. 

9. 
0. 

0 
0 

53. 

07. 

05 

[255]  May  20th,  1648. 

The  will  of  Robert  Day  bee  being  sick  and  weake,  yet  in 

perfect  memory,  doth  order  and  dispose  of  his  estate  to  his 

wife  and  children,  in  the  manner  following  : 

Impi'mis  I  give  vnto  my  beloued  wife  Edatha  Day  my  now 
dwelling  howse  and  howsing  thereto  adioyning,  howse  Lott, 


488  WILLS      AND     INVENTORIES. 

Allso  all  my  land  whereof  I  stand  possessed,  or  that  of  right 
doth  belong  vnto  mee,  lying  in  Hartford,  during  the  tearme  of 
her  naturall  life  :  And  at  the  end  of  her  life,  my  will  is  that  the 
said  howse  and  land  shall  bee  for  the  vse  of  my  children  that 
then  shall  bee  lining,  to  bee  deuided  in  an  equall  proportion  : 
my  will  allso  is  that  all  my  howsehold  stuff,  and  Cattle  and 
other  moueable  goods  shall  bee  my  wiues  to  bring  vp  my  chil- 
dren :  And  in  case  my  wife  should  bee  married  to  another  man, 
then  my  surviers  of  my  will  shall  haue  power  if  they  thinke 
good  to  take  security  for  the  bringing  vp  of  the  children,  and 
for  so  much  estate  as  shall  bee  thought  meete  by  them,  and  to 
this  my  last  Will  and  Testament  I  make  my  wife  my  Executrix, 
and  I  doe  desire  my  Deare  Brethren,  Mr.  Tailecoate,  Willterton, 
and  Stebbing,  to  take  care  of  and  Assist  my  wife  in  the  order- 
ing her  selfe  and  my  children,  and  I  give  them  power  to  doe 
what  in  their  Judgements  may  bee  for  the  best,  to  bring  vp  my 
Children  and  dispose  of  them,  and  that  I  leaue,  for  theire  good. 
And  to  this  my  will  I  sett  to  my  hand  the  day  aboue  written. 

Edward  Stebbing,  Robert  Day. 

Wallter  Gaylerd. 


[256]  14th  October,   1648. 

An  Inventory  of  the  Goods  of  Robert  Day  Deceased. 

£.  s.  d. 
In  the  Chamber.  Impr.  one  Bedstead  ;  one  feather  bed, 
and  feather  Boulster  and  flock  boulster  :  2  pillowes, 

&  bedcase  &  Curtaines,  ...         -         07.   00.  00 

Item  :  2  blankitts,  one  red  &  yellow  Cpuerlitt, 

Item  :  1  chest  10*.   1  Box  3s.   1  desck  box  3*.     .  .     00.   16.  00 

Item  :  1  table  5*.   1  Cubberd  bs.  and  chaiers,  .         00.   16.  90 

Item  :  3  paier  of  sheetes,  .....     02.  00.  00 

Item  :  6  table  napkins  I2s.  1  table  cloth  5*.,  .         .         00.   17.  00 

Item  :  6  pillow  beeres, 01.  10.  00 

Item  :  the  wearing  clothes  with  3  skinns,   .  .  .     05.  00.  00 

Item:  in  Linnen  yearne  and  Cotton  wool  yearne,  01.   10.  00 

Item  :  2  Cushins  Qs.   1  paire  of  Bellowes  3s.,  .         00.  09.  00 

Item  ;  1  Little  Baskitt  I2d.   1  warming  pann  6*.,  00.  07.  00 

In  the  Hall.  Item  :  1  Brass  Kettle,    .         .         .         .02.   lO.  00 

Item  :   1  Little  kettle  12s.   1  little  brass  kettle,         .         00.   15.  00 
Item :   1  brass  possnett  4s.  1  brass  pott  16s.   1  Iron  pott 

14s., 01.  14.  00 

Item  :  1  brass  Chaffin  dish  3*,  ©ne  skumer,    .         .         00.  05.  66 


WILLS      AND     INVENTORIEa.  489 

Item :  7  pewter  dishes,  and  some  broken  pewter  ;  1 
saser  :  2  pewter  potts :  1  Candlestick  :  1  salte  :  1 
small  bottle :  6  ockumy*  spoons,  2  porringers 
and  4  old  spoones,      .  .  .  .         .         .     01.   10.  00 

Item :  1    Lattin   dripping  pann  :    1   spitt,    1   pistoll  :  1 

smoothing  Iron, 00.   10.  00 

Item  :  in  earthen  ware,  and  wooden  ware,  .         .     00.   10.  00 

Item:   1  muskitt  Bandleers  and  sword,  .         .         01.  00.  00 

Item  :   1  table  and  2  chaires,      .  .  .         ,         .     00.  0-5.  00 

In  the  sellar.  Item,    in  tubbs  and  Tables  and  formes,         01.  00,  00 

In  y'  little  chamber.  It:  one  flockbed,  2  blankitts  :  1 
Couerlitt,  1  feather  boulster,  2  feather  pillowes,  2 
bedsteads, 04.  12,  00 

Item  :  3  hogsheads,  2  Linnen  wheeles,  1  Avoolen  wheele, 
one  Barrill,        ....... 

Item  :  1  table,  1  wheele,  1  hatchett. 

Item  :  in  working  tooles,  ..... 

Item  :  1  Leather  Bottle  2*.  virf.  1  paire  of  tongs :  fier 
pann,  grid  Iron  :  frying  pann,  one  trammell. 

Item :  in  Bookes,  and  Sackes,  and  Ladders, 

Item  :  one  Cow  :  1  3  yeare  ould  heifer  :  one  2  yeare  old 
heifer,  with  some  hay  to  winter  them, 

Item  :  2  hoggs  3Z., 

Item  :  in  seuerall   sortes  of  Corne  with  some  hemp  and 

flax, 15.  00.  00 

Item :  the   dwelling  howse  and   out  bowsing,  howse  lott 

and  Garden, 45.  00.   00 

Item:  about  6  Akers  of  meadow,  in  severall   parcells 

with  vpland, 26.  00.  00 


00. 

19- 

00 

00. 

05. 

00 

01. 

08. 

00 

00. 

15. 

00 

01. 

00. 

00 

14. 

10. 

00 

03. 

00. 

00 

Summa  Totalis         142.   13.  06 


John  Tailecoate, 
Gregory  Willterton, 
Edward  Stebbing. 


[257]  October   16th,   1648. 

An  Inventory  of  the  Goods  of  Timothy  Standly,  of  Hart- 
ford, deceasied. 

Imp'':  in  i/te   kittcMn  cJmmher ;  One  standing  bedstead, 
one  feather  bed  and  feather  boulster,  one  red  and  blue  £.    s.   d. 
couerlitt,  one  paire  blankitts,  2  pillowes,  .  .        7.   18.  08 

*  Ochimy,  (alchemy)  a  mixed  base  metal. 


490  WILLS      AND     INVENTORIES. 

Item,  one  trundle  bed,  1  flock  bed  &  2  boulsters,  1  white 

blankitt,  1  straw   bed  case,  one  yello  and  white  couer 

litt,  1  feather  pillow,   1  flock   pillow,  2  little  feather 

pillows, 5.  18.  08 

Item,  4  yards  -^  of  blankitt  cloth  at  35.  p'  yard,  and  one 

trundle  bed, 0.   18.  06 

Item,  one  paire  of  flaxen  sheetes,  .  .  .  .1.  04.  00 
Item,  1  paire  of  course  sheets,  125.  1  paire  sheets  more, 

125., I.  04.  00 

Item,  2  paire  of  hempen  sheets,  .  .  .  2.  10.  00 
Item,  1  paire  more  of  towing  sheets,  I65.  1  single  sheete, 

125.,           ........  1.  08.  00 

Item,  more  4  paire  of  course  sheets,  85.  pr,         .         .  1.  12.  00 

Item,  1  long  table  cloth,  IO5.  2  shorte  tablecloths,  IO5.,  1.  00.  00 
Item,  3  holland  pillow  beeres,  125.  3  flaxen  pillow  beers, 

IO5.  2  flaxen  hand  towells,  95.  1  course  towell,  25.,  1.  13.  00 
Item,  1  course  board  cloth,  25.  foure  course  towing  tow- 
ells, 65., 0.  08.  00 

Item,  6  flaxen    napkins,    125.    1  chest  &  box,  45.    3 

chaires,  45., 1.  00.  00 

Item,  6  cushins,  125.  1  paire  bellows,  25.,  .  .  .0.  14.  00 
In  the  Hall  chamber;  one  chest,  125.  1  paire  curtans, 

2O5.  1  little  chest,  35.  1  shipp  chest,  25.  Qd.,  .  1.  17.  06 
Item,   one  trunck,   55.    one  old  trunck,   3*.    one  little 

chest,  25., 0.  10.  00 

Item,  one  Fann,  IO5.    foure  hogsheads,  85.  10  yards  of 

course  lyning  at  18cZ.  pr.         .         .         .         .         .  1.  13.  00 

Item,  5  great  platters,  205.  4  small  platters,  IO5.,  1.  10.  00 

Item,  3  sasers,  and  2  bigger  dishes,  .  .  .  0.  05.  04 
Item,  pewter  bowle,  2  small  potts,  45.  foure  porringers, 

2I5.  one  sake,  35.  one  dozen  of  spoones,  2s.  y\d.,  0.  11.  06 
Item,  one  chamber  vessell,  25.  \id.  12  skinns  for  cloaths 

at  55.  p^  3Z., 3.  02.  06 

Item,  the  wearing  cloaths,  valued  at       .         .         .  6.  00.  00 

In  the  Garritt  chamber ;  1  flock  bed  &  4  blankitts,  2.   10.  00 

Item,  8  sacks, 1.  00.  00 

In  the  Kittchin  ;  1  kettle,  305.  one,  I65.  one,  125,  2.  18.  00 

Item,  3  skilletts,  IO5;  3  iron  potts,  1  iron  kettle,  .  1.  14.  00 
Item,  one  spitt,  one  lattin  dripping  pann,  .  .  .0.  04.  00 
Item,  one  brass  sckumer  ;  in  earthen  ware  and  wooden 

dishes, 0.  06.  08 

Item,  one  iron  morter  and  pessell,         .         .         .         .  0.  05.  00 

Item,  1  kneading  trough,  1  forme,  1  table,         .          .  0.  08.  00 

Item,  2  tramells,  fier  pann,  tongs  &  cobiornes,      .         .  0.   11.  00 

Item,  1  testing  iron,  2s.  two  linnen  wheeles,  65.,       .  0.  08.  00 

Item,  3  siuefes,*  35.  one  treuett,  \M,  1  chaffin  dish,  0.  05.  06 
Item,   1  cross  cutt  saw,  65.    2   muskitts,   245.    2  paire 

bandleers,  45.   1  fowling  peece,  155.,         .         .         .2.  09.  00 

•  sieves  7 


WILLS     AND     INVENTORIES.  491 

Item,  more  one  woollen  wheele,         .         .         .         .         0.  0.3.  00 
Item,  in  seuerall  bookes,  20.?.  and  one  sword,  4*.                 1.  04.  00 
In  the  Hall ;  one  table,  10.?.  one  press,  lOs.,     .         .     1.  00.  00 
Item,  one  warming  pann,  bs.   1  halfe  bushell,  2s. ,      .         0.  07.  00 
Item,  one  great  seife,  2s.  in  mony  and  wampum,  21.,            2.  02.  00 
In  the   chamher  ouer  the  shopp ;   1  flock   bed,  2  boul- 
sters,  2  blankiits,  1  yello:  and  white  couerlitt,    .          .     4.  00.  00 
[258]  Item,  In  the  working  shopp  ;  in  lasts,  axes,  hand- 
saw, beetle  rings,  iron  wedges  &  other  tooUs,         .         1.  15.  00 
Item,  in  3  backs  and  halfe  of  leather,  and  one  peece  ;       10.  00.  00 
Item,  one  parcell  of  leather,  sould  for  13Z.,          .         .      13.  OJ.  00 
Item,  one  paire  of  Bootts,       .....         00-  10.  00 
Item,  in  Cartes  and  wheeles,  &  chaines  &  plow  irons,        2,  10.  00 

Item,  6  oxen  valued  at, 38.  00.  00 

Item,  2  cowes.  III.  one  heifer, 2/.  10.?.  two  calues,  21.,     15.  10.  GO 
Item,  1  yeare  old  horse  colt,  4/.  4  sheepe,  bl.  one  blan- 

kitt  more,  10*., 9.  10.  00 

In  wheat  at  Farmington,  valued  at  100  bush:  out  of 
which  the  family  is  to  bee  provided  and  some  small 
debts  paid. 

Item,  6  iioggs  at  25s.  p',  and  3  piggs,        ...         9.  00.  00 

Item,  2  hiuefes  ot  bees, 1.  10.  00 

Item,  the  dwelling  howse,  home  lott,  and  little  meadow 

lott,  and  outhowsing,  with  uplands,     .         .         .         75.  00.  00 

Item,  8  akers  of  meadow  and  swamp,  in  the  northmeadow,  40.  00.  00 
Item,  3  akers  of  meadow  and  some  vpland  on  the  east 

side  of  the  great  Riuer,  .....     12.  00.  00 

Item,  land  and  bowsing  at  Farmington,  .         .         .         40.  00.  00 

Totall  sum  is         332.   18.  10 
John  Tailecoate,  Will:  Westwood, 

Edward  Stebbing,  Thomas  Standly. 

The  distribution  of  the  estate  by  the  Court,  the  7'^''  Decemb"", 
1648,  is  as  foUoweth :  To  the  two  eldest  daughters,  50^.  out  of  the 
moueables.  To  the  eldest  sonn,  Calib,  the  howses  and  lands  in 
Hartford,  at  the  age  of  21  yeares  ;  hee  paying  to  the  youngest 
daughter,  if  shee  Hues,  30Z.  To  the  youngest  sonn,  Isaack,  after  the 
decease  of  his  mother,  the  land  and  bowsing  at  Farmington. 

These  presents  witnesse,  that  we  Thomas  Portter  &  Lois  Porter 
haue  fully  receiued  of  o"'  brother  Caleb  Standly  of  Hartford,  that 
portion  that  was  alotted  or  distributed  to  Lois  by  the  Honoured  Court 
as  her  portion  due  to  her  of  her  father  Timothy  Standly  his  estate, 
and  we  doe  by  these  presents  fully  acquitt,  exoneratt  and  discharge 
our  sayd  brother  Caleb  Standly,  his  heires,  executors  and  adminis- 
trators of  all  debts,  dues  and  demands  whatsoeuer  dew  from  him  the 
sayd  Caleb  Standley,  by  vertue  of  any  guift  or  distribution  made  of 
the  estate  of  o'  Honoured  Father  Timothy  Standly  deceased ;  as 


492  WILLS     AND     INVENTORIES. 

witness  o''  hands  this  first  day  of  December,  in  the  the  year  of  o' 
Lord,  one  thowsand,  six  hundred  and  seuenty. 

Witness,  Samuel  Cowles,  Thomas  Porter, 

Abigail  Cowles.  Lois  Porter. 

This  is  a  true   coppy  of  the  originall,  being  examined  &  compar- 
ed therewith,  this  5""  of  January,  1670,  p"^  me, 

John  Allyn,  Secret'y' 


[259]  October  17th,  1648. 

The  Testament  of  Edward  Chalkwell. 

Imp'':  I  doe  bequeath  vnto  Nicholas  Sension  my  gunn  and 
sword  and  bandaleers  and  best  hatt  and  forty  shillings  :  Item, 
to  John  Moses,  my  best  sute  and  coate  and  stockings  and  shoes  : 
Item,  to  Mr.  Warham,  forty  or  fifty  shillings,  according  as  my 
goods  doe  hould  out,  after  my  debts  bee  paid  :  Item,  to  Georg 
Phelps,  three  pounds,  and  if  any  thing  bee  left,  I  giue  it  to  the 
poore  of  the  Church,  and  I  doe  make  George  Phelps  executor 
to  this  my  will  and  testament. 

Wittnes,  Henry  Woollcott, 
Nicholas  Sension. 

An  Inventory  of  the  goods  of  Edward  Chalkivell,  December  5'* ,  Anno 

Dmni:  1648. 
Imp"  A  cotton  sute,  breeches  and  jackett,         .         .         00.   12.  00 
Item,  a  cloth  sute,  breeches  and  jackett,     .  .  .     00.   12.   08 

Item,  a  coate,  jackett  and  breeches,         ...  3.  00.   00 

Item,  a  leather  doublitt,  8s.  a  cloth  doublett,  5s  ,  .  0.  13.  00 
Item,  a  red  jackett,  16*.  Item,  worsted  stockings,  6;?.  6c^.,  1.  02.  06 
Item,  a  chest  lock,  Is.  Gd.  and  1  paire  of  gloues,  00.  04.  08 

Item,  a  peece  of  trading  cloth,  6s.  6d.   1  p''  shoes,  3*.  8d. 

1  p'  stockings  3^., 00.   13.  02 

Item,  2  old  paire  stockings,  Is.  Item,  2  shirts,  val'd  6s.,  00.  07.  00 
Item,  a  band   and  strings,  2s.    Item,   7  yards  of  Lock- 
rum,  125., .         .     00.  14.  00 

Item,  a  gunn  12^.  a  cuttlas,  24^.  a  belt,  2s.,  .  .  1.  18.  00 
Item,  his  best  hatt,  14s.   an  old  hatt,  I*.,       .  .  .0.   1-5.  00 

Item,  an  axe  howe,  6s,  and  chest,  2s.  \id.,  .  .  0.  08.  08 
Item,  bandleers  and  powder  hoi-ne,        .  .  .         .0.  03.  00 

Item,  wheat,  2  bush:  pease,  2  bush:  ...         0.   14.  00 

Item,  p''t  of  a  pott,  frying  pann,  old  payles,  bedstick  & 

barrill,  0.  09.  00 

Item,  seed  wheat,  3  bush:  ^,  and  1  day  ^  worke,  .  0.  16.  00 
Item,  a  bible,      .         - 0.  05.  06 

Item,  in  flax,  13.  07.  08 


WILLS     AND     INVENTORIES.  498 

[260]  March  20ti>,  1643. 

Whereas  by  the  Providence  of  God,  I  William  Whiting 
doe  intend  a  voyage  presently  vnto  sea,  mans  life  being  all- 
wayes  incident  to  change,  but  so  much  the  more  in  regard  of 
my  voyage,  therfore,  I  did  thinke  good,  if  God  should  not  re- 
turne  mee  with  safety,  to  leaue  some  lynes  in  generall,  as  my 
last  Will  and  Testament.  And  whereas  that  estate  I  haue 
doth  lye  in  such  a  manner  as  it  is  vncerteine  what  it  will  bee, 
therfore  my  will  is  it  should  bee  thusdevided  :  I  giue  vnto  my 
loving  wife,  halfe  my  houshould  stuffe  of  all  kinds,  and  one 
fourth  parte  of  my  whole  personall  estate;  and  her  widdowes 
estate  in  my  now  dwelling  howse  and  lands  at  Hartford,  vntill 
my  Sonne  William  bee  the  age  of  twenty  and  one  yeares,  and 
after,  if  shee  continue  a  widdow,  I  giue  her  the  one  halfe  of  my 
said  howse  and  land  for  her  life.  I  bequeath  vnto  my  sonne 
William,  one  hundred  pound  more  then  I  giue  vnto  either  my 
Sonne  John  or  my  sonne  Samuell.  I  bequeath  vnto  my  sonne 
John  one  hundred  pounds  more,  and  my  sonne  Samuell,  one 
hundred  pounds  more  a  peece,  then  I  giue  vnto  my  daughter 
Sarah  or  vnto  my  daughter  Mary.  The  fourth  parte  of  my  es- 
tate being  taken  out  for  my  wife,  one  hundred  pound  for 
my  eldest  sonne  not  being  accounted  with  the  rest,  hee 
hauing  an  equall  proportion  with  my  two  other  sonns  in  the 
estate,  my  other  two  sonns  and  hee  taking  one  hundred  a  peece, 
I  bequeath  the  rest  of  my  estate  thus  ;  first,  to  haue  20/.  paid 
vnto  Mr  Hooker,  towards  the  furtherance  of  setting  forth  for 
the  benefitt  of  the  church  his  worke  uppon  the  17'^  of  John,* 
with  any  else  hee  doth  intend.  I  desire  Mr.  Stone  may  haue 
added  vnto  the  5/.  I  did  promise  him,  51.  more.  Allso,  I  be- 
queath 5/.  towards  the  mending  of  the  high  wayes  betwixt  my 
howse  and  the  meeting  howse.  Allso,  I  giue  5l.  to  some  godly 
poore  in  the  Towne.  These  sums  being  taken  out,  I  doe  be- 
queath the  rest  of  my  estate  vnto  my  fiue  children  to  bee 
equally  deuided  amongst  them,  that  is,  euery  one  a  like  propor- 
tion ;  and  this  my  said  estate  to  bee  improued  vnto  the  best  ad- 
vantage for  the  breeding  vpp  of  my  children  in  learning,  to 


*This  work  of  Mr.  Hookers,  so  far  as  it  was  completed  before  his  death,  was  first  published 
in  London,  in  1657,  under  the  title  of  "Christ's  Prayer  for  Believers,  a  Series  of  Discourses 
founded  on  John  xvii.  20-26." 

43 


494  WILLS     AND     INVENTORIES. 

schoole,  and  in  the  feare  of  God  ;  and  theire  portions  to  bee 
paid  before  the  age  of  twenty  and  one  yeares,  as  the  provi- 
dence of  God  shall  giue  occasion.  And  my  will  is  that  if  any 
of  them  dye  before  the  said  tearme  of  yeares,  the  portion  should 
bee  deuided  among  the  rest  of  my  children.  And  that  this  my 
will  may  bee  performed,  I  doe  earnestly  intreat  my  much  hon- 
ored frends  and  beloued  in  the  Lord,  Mr.  John  Haynes,  Mr, 
Edward  Hopkins,  Mr.  John  Webster,  with  o^^  deare  and  louing 
Pastor,  Mr.  Thomas  Hooker  and  Mr.  Sainuell  Stone,  to  bee 
ou»"seers  of  this  my  last  will  and  Testament,  not  doubting  they 
will  indeauo""  the  performance  of  the  same.  In  testimony  of 
my  loue  to  them,  I  doe  bequeath,  out  of  my  whole  personall 
estate,  lOZ.  a  peece.  Allso,  I  doe  bequeath  vnto  my  Father  and 
Mother,  20/.,  and  if  they  bee  dead  my  minde  is  it  should  bee 
giuen  vnto  my  brother  and  his  children.  My  meaning  is,  my 
land  and  howse  shall  bee  accounted  a  parte  of  my  sonne  Will- 
iam, his  portion.  And  my  will  is,  if  those  my  oui^seers  doe 
thinke  my  second  sonne  fitt  to  make  a  schollar,  for  his  naturall 
parts,  and  allso  in  the  gifts  of  his  mind  hopefuU  to  keepe  the 
fire  vppon  the  Alltar,  my  will  is  hee  should  bee  sett  aparte  for 
that  seruice. 

This  is  my  last  will,  as  wittnes  my  hand,  the  day  and  yeare 
aboue.  William  Whiting. 

Aprill  2*1,  1646.  Whereas  by  the  providence  of  God,  I  am 
intending  a  voyage,  my  will  is  that  my  sonne  Joseph  shall  haue 
an  equall  portion  with  my  sonne  John  and  my  sonne  Sainuell, 
out  of  my  whole  personall  estate.  Allso,  I  giue  my  sonne 
WiUiam,  50/.  more.  I  giue  vnto  my  daughter  Mary,  10/.  more. 
Allso,  I  giue  vnto  my  sister  Wiggen,  5/.  and  vnto  her  children, 
3/.  a  peece.  I  giue  vnto  Margery  Parker,  10/.  My  former 
will,  my  mind  is,  it  should  bee  in  force  ;  and  these  last  legacies 
should  bee  paid  at  the  age  of  21.  The  rest  to  bee  paid  in  one 
yeare  after  my  decease.  p""  mee, 

This  was  done  in  the  presence  William  Whiting. 

of  Mr.  Edward  Hopkins. 

[261]     In  a  letter  to  Mr.  Hopkins  hee  did  further  express  him- 
self, as  foUoth  : 


WILLS     AND      INVENTORIES.  495 

S*",  I  left  my  last  with  you.  God  hath  increased  my  number. 
My  mind  is  that  the  last  should  haue  an  equall  proportion  with 
the  rest.  And  whereas  I  did  referr  some  trust  with  Mr.  Haynes, 
1  doe  now  referr  all  vnto  you,  and  the  rest  expressed  therin. 

William  Whiting. 

And  vppon  his  death  bed  hee  did  declare,  as  follow*** : 

It  is  my  minde,  if  the  Lord  take  mee  away  at  this  present, 
before  I  can  draw  vp  any  further  will,  that  the  children  w^^ 
Ood  hath  giuen  mee  since  the  will  was  made  w^h  I  haue  in  Mr. 
Hopkins  his  hands,  shall  haue  an  equall  proportion  in  all  my 
estate,  together  with  the  rest  of  my  children,  as  I  haue  there 
deuised.  Allso,  I  confirme  ten  pounds  giuen  to  Mr.  Hopkins, 
ten  pounds  giuen  to  Mr.  Webster,  ten  pounds  to  Mr.  Hookers 
children,  ten  pounds  to  Mr.  Stones  children,  ten  pounds  to  the 
pore,  fine  to  Hartford  and  fiue  to  theise  other  two  townes 
Wyndsor  and  Wethersfeild,  and  fiue  pounds  to  Mr.  Smiths 
■children,  of  Wethersfeild. 

July  24'h  1647.  William  Whiting.* 

In  the  presence  of  Henry  Smith, 
Jeames  Cole. 

April  24th,  1649. 
The  Courte  taking  into  serious  consideration  Mr.  Whitings 
Will,  and  judging  it  necessary  for  the  preuenting  of  future  dif- 
ference to  express  theire  judgements  therevpon,  doe  conceiue 
that  it  was  according  to  his  true  meaning  and  intent  that  the 
last  Sonne  borne  after  his  death  should  haue  an  equall  portion 
with  the  rest  of  his  sonnes,  except  the  eldest ;  And  they  doe 
conceiue  that  twenty  pound  should  be  paid  to  Mr.  Hooker  vp- 
pon a  speciall  consideration,  viz  :  for  the  putting  forth  of  his 
worke  vpon  the  17*^  of  John  ;  and  the  ten  pound  giuen  in  his 
last  writing  to  Mr.  Hookers  children,  to  bee  in  leiw  of  the  ten 
pound  giuen  in  his  first  writing  to  Mr.  Hooker  as  ouerseer. 
Allso,  they  doe  conceiue  that  the  fiue  pounds  giuen  to  Mr. 
Stone,  in  his  first  writing,  should  bee  paid,  and  the  ten  pounds 
giuen  in  his  last  writing  to  Mr.  Stones  children,  to  bee  in  leiw 
of  the  ten  pounds  giuen  Mr.  Stone,  in  his  first  writing,  as  ouer- 

*  Administration  granted  to  the  widow  of  Mr.  Whiting,  Sept.  2,  1647.  The  estate  distrib- 
uted, Oct.  3d,   1654.     See  pages  157,  262. 


496  WILLS     AND      INVENTORIES. 

seer.  To  his  Father  etc.  twenty  pounds,  fiue  pounds  to  his 
sister  Wiggen,  and  three  pounds  a  peece  to  her  children.  Ten 
pounds  to  Margery  Parker  ;  fiue  pounds  to  Mr.  Smiths  children  ; 
fiue  pounds  to  the  mending  of  the  highwayes,  and  fiue  pounds 
to  the  pore  of  Hartford  ;  fifty  shillings  to  the  pore  of  Wyndsor, 
and  fifty  shillings  to  the  pore  of  Wethersfeild. 

That  legacy  giuen  to  Mr.  Haynes  is  left  to  further  considera- 
tion. 

Theise  are  the  aprehensions  of  the  Courte  for  the  present, 
till  other  and  better  lighte  appeares. 

It  was  further  declared  by  the  Courte,  this  24tiJ  of  March, 
16f f,  that  it  is  theire  aprehensions,  according  to  their  present 
lighte,  that  whereas  Mr.  Whiting  giues  his  wife  her  widdowes 
estate  in  her  howse  &land  in  Hartford,  vntill  his  sonne  William 
comes  to  the  age  of  21  yeares,  that  it  was  his  intent  and  mean- 
eing  that  his  said  wife  should  injoye  his  said  howse  and  land  vn- 
till William  bee  of  the  age  aforesaid  of  21  yeares,  though  shee 
bee  marryed  before. 

And  whereas,  hee  giues  her  one  fourth  p^t  of  his  whole  per- 
sonall  estate,  It  is  in  like  manner  theire  aprehensions,  the  24*^ 
March,  16f f,  that  it  was  his  intent  &  meaning  that  his  said 
wife  should  not  haue  a  fourth  p^t  of  his  bowsing  &  lands. 

[262]  Aprill  20th,  1649. 

A71  Inventory  of  the  Estate  of  Mr.  William  Whiting,  deceased. 

In  the  parlour  ;  It:  A  featherbed,  2  flock   bedds,  2  p''  of 

sheets,  blankitts,  stooles,  a  clock,  a  safe,  a  bedstead, 

cradle,  cobirons  &c.  valued  at,         .  .         . 

In  the  Hall ;  It:  a  table,  a  courte  cubberd,  6  joint  stooles, 

3  cbaires,  6  cushions,  and  andii'ons  &c.  valued  at, 
hi  the  parlour  Chamber  ;  It:  2  flock  beds  and  boulsters, 
It:  2  featherbeds,  boulsters  and  pillowes, 
It:  6  blankitts,  1  p'  sheets,  2  coverlitls  &  a  trundle  bed, 
It:  a  coverlitt,  vallance,  curtaine,  cubbert  cloth,  2  small 

carpets,     ........ 

It:  a  bedstead,  2  chaires,  and  4  stooles, 

It:  a  cubberd,  a  window  cushion,   cobirons  and  3  p   of 

bellowes, 02.  02.  08 

It:  8  paire  of  fine  sheets,  6  large  table  cloaths,  12  pillow 

beers,  4  doz.  fine  napkins,  and  6  shorte  table  cloaths,  19.  06.  00 
It:  a  chest  contayning  seuerall  remnants  of  wollen  and 

linnen,  intended  for  thevse  of  the  family,  valued  at,  10.   00.  00 


£ 

.  s. 

d. 

17. 

06. 

00 

04. 

17. 

00 

03. 

00. 

00 

14. 

00. 

00 

07. 

01. 

00 

09. 

00. 

00 

02. 

06. 

00 

12. 

00 

10. 

00 

10. 

00 

00. 

00 

00. 

00 

WILLS     AND      INVENTORIES.  497 

It:  a  trunck  and  4  window  curteines,  .  .  .     00,   18.  00 

In  the  Hall  Chamber;  It:  6  cushions,  2  greene  carpetts, 

a  coverlitt,  a  sett  of  curtaines  and  valence  of  greene 

say,  5  old  curtaines  and  valence,  .  .         07. 

It:  a  chest  &  4  ti'uncks   1/.  10^.;  2  remnants  of  Kither- 

mast'  stuff,  21.,  ......     03. 

In  the  closeit ;  It:  seuerall  pewter  dishes  cont:  9l/Z>s.;  a 

flagon,  2  candlesticks  &l  a  chamber  pott,  valowed  at,  06. 
In  the  garritt ;  It:  a  flockbed,   2  boulsters,  a  blankitt,  2 

ruggs,  2  pillows  and  a  bedstead,      .  ,         .         05. 

It:  5  p'  of  sheets  and  5  doz:  napkins,  .  .  .     05. 

In  the  kitching  chainber  ;  It:  a  bed,   2  couerings,  a  p""  of 

sheets,  and  two  bedsteads,        ....  03.   10.  00 

In  the  Kittching  ;  It:  2  brass  potts,  5  iron  potts  and  an 

iron  kettle,  4  brass  panns  and  6  brass  kettles  and  9 

skilletts, 14.   10.  04 

It:  a  pott  posnett,  a  brass  morter  &  chafing  dish,  01.  00.  00 

It:  12  old  pewter   dishes,  6  porringers,  2  quart  potts,  1 

pinte,  2  chamber  potts  &  a  roster,  .  .         02.  03.  04 

It:  a  frying  pan,  gridiron,  3  spitts,   a  jack,  racks  and 

cobirons,  .  .  .  .  .     01.   17.  00 

It:  a  furnace,  2  dripping  panns,  and  a  grater,         .  03.  04.  00 

It:  in  tubbs  and  keelers  &c.,   .  .  .  .02.   10.  00 

It:  a  new  iron  kettle  &.  a  warming  pann,  .  00.   13.  04 

It:  in  plate  and  niony,  .  .  .  .     14.   10.  00 

161.  06.  08 
In  the  closett,  more  ;  It:  in  wampum,  .  .  39.  09.  00 

It:  in  howes  and   hatchetts,  shoes,  nayles,  pinns,  paper, 

shott,  fish  hooks,  and  all  blades,  ,  .  16.   19.  00 

It:  in  Beauer,  10/.  4*.;   It:  in  Amunition  &  gunpowder, 

11.   10*.,  .....  17.   14.  00 

It:  in  shagg  cotton,  stockings,  hollands,  deare  skinns  & 

9  yards  stuff,  .  .  .  .  19.  03.  00 

It:  in  hatts,  capps,  gilded  looking  glasses,  7  peeces  tape, 

tinn  cupps  and  dram  cupps,  .  .  04.   13.  06 

It:  25  yards  greene  tammy,  2/.  18*.  Ad.;     13  peeces  of 

duffles,  i30/.,  ....  132.   18.  04 

It:  in    looking    glasses,    pewter    bottles,    brass    ladles, 

brushes,    bells,    thimbles,    boxes,    kniues,    sissers, 

combs,  Jewes  harps,         .  .  .  .19. 

It:  4  small  brass  kettles,     ....  01. 

It:  2  Racoone  coats,  1   Wolf  skin  coate,  4  Bear  skinns, 

3  Mooss,         .....  06. 

It:  one  small  baser,  2/.;  It:  2  p' of  stilliars,  IZ.  lOs.,  03. 
It:  Tobacko  pipes,  \l.  lOs.;  It:  in  bookes  and  apparell,  25Z.  23. 
It:  in  beauer,  mooss  and  wampum,  more,      .  .     250. 

It:  in  2   great  gunns,  anker,  a  cable,   &  hides,   vppon 

Cariso:*  adventure,         ....       61.   11.  06 

*  Curacoa  ■? 

43* 


06. 

02 

06. 

08 

10. 

00 

10. 

00 

10. 

00 

00. 

00 

498  WILLS      AND      INVENTORIES. 

It:  in  skinns,  and  debts,  vppon  a  voyage  to  Verginia,  in 

anno  1647,  yet  due,    ....  67.   10.  00 

It:  in  Tobacko,  at  Verginia,  .  .  .65.  00.  00 

It:  in  the  proceed  of  corne  and  porke,  sould  in  anno  1648,  48.  00.  00 
II:  in  oyle,   soape,  vinegar  and  other  goods  from  Dela- 

vvar,  yMast  yeare,       .  .  .  .30.  00.  00 

It:  in  trade  at  Long  Hand,       .  .  .  .     30.  00.  00 

It:  in  stock  for  trade  at  Waranoco,  .  .  100.   00.  00 

It:  in  goods  sent  from  England,  .  .  .     65.   19.  03 

It:  in  p"t  of  a  pinnace,       .  .  .  .40.  00.  00 

It:  in  debts  in  the  book,  whereof -^  is  doubtful,  .  372.  00.  00 

It:  in  debts  at  Dill  aware,  w*"'' are  harserdous,  .  90.  00.   00 

It:  in  debts  heere,   vppon   Mr.  Whitings  last  voyage  to 

Dillawar,        .....  15.  00.  00 

It:  a  debt  of  Steph:  Luxford,  very  doubtfull,  15.   12.  00 

It:  a  hhd.   of  Beauer,  very  haserdous,  at  least  in  great 

]ft,  sent  for  England,  in  Trerice,  valued  at,  .     60.   00.   00 

It:  goods  and  debts  at  Piscataway,  very  haserdous,  150.  00.  00 

It:  7  cowes,  a  bull  stagg  and  a  young  bull,  5  calues,  and 

9  other  cattle,  at  Warranoco,  &  1  at  the  sea  side,  at  102.  00.  00 
It:  2  mares,  3  horses  and  3  colts,  .  .  .77.  00.   00 

It:  20  hoggs,  small  and  great,  that  were  killed,       .  45.  00.   00 

It:  23  store  hoggs,  20/.;  It:  beefe  in  the  tubb,  lOZ.,  .  30.  00.  00 
it:  bowsing  an"d  land  at  Wyndsor,  at  .  .  300.  00.  00 

It:  bowsing  and  land  in  Hartford  bounds,         .  .  400.  00.  00 

2854.   00.   00 
Debts  owing  by  this  estate,  about  97Z. 
This'aprizement  was  made  the  day  and  yeare  before  expressed, 
according  to  the  best  light  that  then  appeared,  by  vs, 

Nathaniell  Warde, 
John  White. 


[263]  The  last  Will  and  Testament  of  Mr.  Thomas  Hooker, 
late  of  Hartford,  deceased. 

I  Thomas  Hooker,  of  Hartford,  vppon  Connecticutt  in  New 
England,  being  weake  in  my  body,  through  the  tender  visitation 
of  the  Lord,  but  of  sound  and  perfect  memory,  doe  dispose  of 
that  outward  estate  I  haue  beene  betrusted  withall  by  him,  in 
manner  following : — 

I  doe  giue  vnto  my  sonne  John  Hooker,  my  bowsing  and 
lands  in  Hartford,  aforesaid,  both  that  which  is  on  the  west,  and 
allso  that  W^^  is  on  the  east  side  of  the  Riuer,  to  bee  inioyed  by 
him  and  his  heires  for  euer,  after  the  death  of  my  wife,  Susanna 


WILLS      AND      INVENTORIES.  499 

Hooker,  provided  hee  bee  then  at  the  age  of  one  and  twenty 
yeares,  it  being  my  will  that  my  said  deare  wife  shall  inioye  and 
possess  my  said  howsing  and  lands  during  her  naturall  life : 
And  if  shee  dye  before  my  sonne  John  come  to  the  age  of  one 
and  twenty  yeares,  that  the  same  bee  improued  by  the  oui'seers 
of  this  my  will  for  the  maintenance  and  education  of  my  chil- 
dren not  disposed  of,  according  to  theire  best  discretion. 

I  doe  allso  giue  vnto  my  sonne  John,  my  library  of  printed 
bookes  and  manuscripts,  vnder  the  Hmitations  and  provisoes 
hereafter  expressed.  It  is  my  will  that  my  sonne  John  deliuer 
to  my  sonne  Samuell,  so  many  of  my  bookes  as  shall  bee  valued 
by  the  ou""seers  of  this  my  will  to  bee  worth  fifty  pounds  ster- 
ling, or  that  hee  pay  him  the  soiTie  of  fifty  pounds  sterling  to 
buy  such  bookes  as  may  bee  vseful  to  him  in  the  way  of  his 
studdyes,  at  such  time  as  the  ouerseers  of  this  my  will  shall 
judge  meete ;  but  if  my  sonne  John  doe  not  goe  on  to  the  per- 
fecting of  his  studdyes,  or  shall  not  giue  vpphimselfe  to  the  ser- 
uice  of  the  Lord  in  the  worke  of  the  ministry,  my  will  is  that 
my  sonne  Samuel  inioye  and  possesse  the  whole  library  and 
manuscripts,  to  his  proper  vse  for  euer ;  onely,  it  is  my  will  that 
whateuer  manuscripts  shall  bee  judged  meete  to  bee  printed, 
the  disposall  thereof  and  advantage  that  may  come  thereby  I 
leaue  wholly  to  my  executrix  ;  and  in  case  shee  departe  this  life 
before  the  same  bee  judged  of  and  setled,  then  to  my  ouerseers 
to  bee  improued  by  them  in  theire  best  discretion,  for  the  good 
of  myne,  according  to  the  trust  reposed  in  them.  And  howeuer 
I  do  not  forbid  my  sonne  John  from  seeking  and  taking  a  wife 
in  England,  yet  I  doe  forbid  him  from  marrvins;  and  tarrvins 
there. 

I  doe  giue  vnto  my  sonne  Samuell,  in  case  the  whole  library 
come  not  to  him,  as  is  before  expressed,  the  sum  of  seuenty 
pounds,  to  bee  paid  vnto  him  by  my  executrix  at  such  time,  and 
in  such  manner,  as  shall  be  judged  meetest  by  the  ouerseers  of 
my  will. 

I  doe  allso  giue  vnto  my  daughter  Sarah  Hooker,  the  sum  of 
one  hundred  pounds  sterling,  to  bee  paid  vnto  her  by  my  exec- 
utrix when  she  shall  marry  or  come  to  the  age  of  one  and  twenty 
yeares,  w<=h  shall  first  happen ;  the  disposall  and  further  educa- 


500  WILLS      AND      INVENTORIES. 

tion  of  her  and  the  rest,  I  leaue  my  wife,  advising  them  to  at- 
tend her  councell  in  the  feare  of  the  Lord. 

I  doe  giue  vnto  the  two  children  of  my  daughter  Joannah 
Shephard  deceased,  and  the  childe  of  my  daughter  Mary  New- 
ton, to  each  of  them  the  sum  of  ten  pounds,  to  bee  paid  vnto 
them  by  my  sonne  John,  within  one  yeare  after  hee  shall  come 
to  the  posession  and  inioyment  of  my  howsings  and  lands  in 
Hartford,  or  my  sonne  Samuell,  if  by  the  decease  of  John,  hee 
come  to  inioye  the  same. 

I  doe  make  my  beloued  wife  Susanna  Hooker,  executrix  of 
this  my  last  Will  and  Testament,  and  (my  just  debts  being 
paid,)  doe  giue  and  bequeath  vnto  her  all  my  estate  and  goods, 
moueable  and  imoueable,  not  formerly  bequeathed  by  this  my 
will.  And  I  desire  my  beloued  frends,  Mr.  Edward  Hopkins 
and  Mr.  William  Goodwyn,  to  afFoard  theire  best  assistance  to 
my  wife,  and  doe  constitute  and  appoint  them  the  ouerseers  of 
this  my  will.  And  it  hauing  pleased  the  Lord  now  to  visitt  my 
wife  with  a  sicknes,  and  not  knowing  how  it  may  please  his 
Mat^^e  to  dispose  of  her,  my  minde  and  will  is,  that  in  case  shee 
departe  this  life  before  shee  dispose  the  estate  bequeathed  her, 
my  aforesaid  beloued  frends,  Mr.  Edward  Hopkins  and  Mr. 
William  Goodwyn,  shall  take  care  both  of  the  education  and 
dispose  of  my  children  (to  whose  loue  and  faithfullnes  I  com- 
mend them,)  and  of  the  estate  left  and  bequeathed  to  my  wife, 
and  do  committ  it  to  theire  best  judgment  and  discretion  to 
manage  the  said  estate  for  the  best  good  of  mine,  and  to  bestow 
[264]  it  vppon  any  or  all  of  them  in  such  a  proportion  ||  as  shall 
bee  most  sutable  to  theire  owne  api^hensions ;  being  willing 
onely  to  intimate  my  desire  that  they  w^h  deserue  best  may 
haue  most ;  but  not  to  limmitt  them,  but  leaue  them  to  the  full 
scope  and  bredth  of  theire  owne  judgments ;  in  the  dispose 
whereof,  they  may  haue  respect  to  the  forementioned  children 
of  my  two  daughters,  if  they  see  meet.  It  being  my  full  will 
that  what  trust  I  haue  comitted  to  my  wife,  either  in  matter  of 
estate,  or  such  manuscripts  as  shall  bee  judged  fitt  to  bee  printed, 
in  case  shee  liue  not  to  order  the  same  herselfe,  bee  wholly  trans- 
mitted and  passed  ouer  from  her  to  them,  for  the  ends  before 
specified.  And  for  mortallity  sake,  I  doe  put  power  into  the 
hands  of  the  forementioned  beloued  freinds,  to  constitute  and 


WILLS      AND      INVENTORIES.  501 

appoint  such  other  faithful!  men  as  they  shall  judge  meete,  (in 
case  they  bee  depriued  of  life  or  libberty  to  attend  the  same,  in 
theire  owne  persons,)  to  manage,  dispose  and  performe  the  es- 
tate and  trust  comitted  to  them,  in  as  full  manner  as  I  haue 
comitted  it  to  them  for  the  same  end. 

This  was  declared  to  bee  the  last  Thomas  Hooker. 

Will  and  Testament  of  Mr.  Thomas 
Hooker,  the  seuenth  day  of  July,  1647, 
In  the  presence  of 

Henry  Smith, 

Samuel  1  Stone, 

John  White. 

[265]  An  Inventory  of  the  estate  of  Mr.  Tho?nas  Hooker,  deceased, 
taken  the  2lst  Aprill,   1649. 

In  the  neio  Parlour  ;  It:  3  chaires,  2  stooles,  6  cushions, 

a  clock,  a  safe,  a  table,  window  curtaines  &c.,  05.  00.  00 

In  the  Hall ;  It:  a  chest  of  drawers,  and  in  it,  2  dozen  of 
dishes,  a  pewter  flagon,  basons,  candlesticks,  saw- 
cers,  &c.,  ,  .  .  .  .06.  00.  00 

It:  in  ammunition,   4Z.     It:  in  a  table,  &  forme,  and  4 

wheeles,  1/.,       .....    [05.  00.  00] 

hi  the  ould  Parlour  ;  It:  2  tables,  a  forme,  4  chaires,  4 
stooles,  4  table  carpetts,  window  curtaines,  andirons 
and  doggs  &c.  in  the  chimny,  .  .  09.  00.  00 

In  the  Chamber  ouer  that ;  It:  a  featherbed  and  boulster, 
2  pillowes,  astrawbed,  2  blankitts,  a  rugg,  and  cou- 
erlitt,  darnix  hangings  in  7  peeces,  window  cur- 
taines, curtaines  and  valence  to  the  bed,  a  bedstead, 
2  chaires,  and  3  stooles,  andirons  &c.  in  the  chim- 
ny, &  a  courte  cubberd,         ...  14.  05.  00 

It:  curtaines  and  valence  to  the  same  bed,  of  greene  say, 

and  a  rugg  of  the  same,  with  window  curtaines,         05.  00.   00 

In  the  Hall  Chamber ;  It:  atrunck  of  linnen,  cont:  20  p' 
sheets,  8  table  cloaths,  5  doz.  napkins,  6  p"  of  pillow 
beers,  andtowells,  .  .  .  .27.  00.  00 

It:  a  bedstead,  two  truncks,  2  boxes,  a  chest  &achaire,    03.   05.  00 

In  the  Kittchin  Chamber  ;  It:  a  featherbed,  a  quilt  bed,  2 
blankitts,  2  couerlitts,  1  boulster,  a  flockbed  and 
boulster,  a  rugg  and  blankitt,  a  chest  &  ould  trunck, 
and  a  bedstead,  .  .  .  .12.   00.   00 

In  the  chamber  ouer  the  new  Parlour  ;  It:  2  featherbeds, 
2  boulsters,  a  p'  of  pillows,  5  blankitts  and  2  ruggs, 
stript  valence  and  curtaines  for  bed  &  windowes,  a 
chest  of  drawers,  an  Alarum,  2  boxes,  a  small 
trunck,  2  cases  of  bottles,  1  p"  of  dogs,  in  the  chim- 
ney, .  .  .  .  .  21.  00  00 


502  WILLS      AND      INVENTORIES. 

In  the  garriUs ;  It:  in  corne  and  hoggsheads  and  other 

houshould  lumber,  ...  14.   15.  00 

It:  in  apparrell  and  plate,      ....       40.  00.  00 

In  the  Kittchin  ;  It:  2  brass  kettles,  3  brass  potts,  2  cha- 
fing dishes,  2  brass  skilletts,  a  brass  morter,  a  brass 
skimmer,  and  2  ladles,  2  iron  potts,  2  iron  skilletts, 
a  dripping  pann,  2  kettles,  2  spitts  &  a  jack,  a  p"^  of 
cobirons,  a  p'' of  andirons,  a  p"  of  doggs,  fire  shouell 
and  tongs,  2  frying  panns,  a  warming  pann,  a  grid- 
iron, 7  pewter  dishes,  2  pjrringers,  1  p'  of  bellowes, 
a  tinn  dripping  pan,  a  roster,  &  2  tyn  couers,  pott- 
hooks  and  trammells ;   all  valued  at  .  12.   10.  00 

In  the  Brew  howse ;  It:  a  copper  mash  tubbs,  payles, 
treyes,  &c.  ..... 

In  the  sellars  ;  It:  2  stills  and  dairy  vessells, 

It:  in  yearne  ready  for  the  weauer. 

It:  2  oxen,   2  mares,   1  horse,   2  colts,  8  cowes,    and  2 
heifers,  3  two  yeares   ould  and  6   yearlings,   val- 
ued at,  ....  .  143.  00.  00 

It:   husbandry  implements,       ....     05.  00.  00 

It:  Howsing  and  Lands  within  the  bounds  of  Hartford, 

on  both  sides  the  Riuer,  .  .  .  450.  00.  00 

It:  Bookes  in  his  studdy  &c.,  valued  at     .  .  300.  00.  00 

It:   an  adventure  in  the  Entrance,        .  .  .     50.  00.   00 


04. 

10. 

00 

06. 

00. 

00 

03. 

00. 

00 

1136.   15.  00 


The  foregoing  particulars  were  prised  the  day  and  yeare  aboue 
written,  according  to  such  light  as  at  p'^sent  appeared, 

by    Nathaniell  Ward, 
Edward  Stebbing. 


[266]  The  last  Will  and  Testament  of  Mr.  Henry  Smith, 
late  of  Wethersfeild,  deceased. 

I  Henry  Smith,  of  Weathersfeild,  being  at  present  in  health 
of  body  and  soundnes  of  minde,  considering  my  mortallity,  and 
knowing  it  to  bee  my  duty  to  prouide  for  my  family  and  settle 
my  estate,  that  I  may  leaue  no  occasion  of  trouble  to  my  chil- 
dren when  I  am  gonn,  and  that  I  may  free  myselfe  from  distrac- 
tions of  this  kinde,  if  it  shall  please  God  to  visitt  mee  with  sick- 
nes  before  I  dye ;  I  doe  therfore  leaue  this  testimony  vppon 
Record,  as  my  last  Will  and  Testament. 

First,  I  doe  professe  my  faith  and  hope  to  bee  in  the  free 
grace  aloane  of  God  in  Jesus  Christe,  whose  I  wholly  am,  and 
to  whome  I  haue  for  euer  giuen  vpp  my  selfe,  both  soiile  and 


WILLS      AND      INVENTORIES.  503 

body,  being  fully  perswaded  of  his  vnchangeable  loue  and  good- 
will, both  in  life  and  death  to  mee  and  mine,  according  to  his 
covenant,  viz :  I  am  thy  God,  and  the  God  of  thy  seed  after 
thee. 

Then  for  my  owtward  estate,  W^'^  because  it  is  but  little,  and 
I  haue  well  prooued  the  difficultyes  of  this  Country,  how  hard  a 
thinge  it  will  bee  for  a  woman  to  mannage  the  affaires  of  so 
great  a  familye  as  the  Father  of  Mercyes  hath  blessed  me  with- 
all ;  and  haue  had  allso  experience  of  the  prudence  and  faithfull- 
nes  of  my  deare  wife,  who  shall,  in  parting  with  me,  parte  allso 
with  a  great  parte  of  her  liuelihood  ;  I  do  therfore  bequeath 
and  giue  vnto  her,  the  full  power  and  dispose  of  all  that  estate 
•w*^^  God  hath  giuen  mee,  in  bowses,  lands,  cattells  and  goods 
whatsoeuer,  within  dores  and  without ;  onely  providing,  that 
in  case  shee  marry  againe,  or  otherwise  shee  bee  able  comfort- 
ably to  spare  it  from  her  owne  necessary  maintenance,  that 
shee  giue  vnto  my  sonne  Samuell  that  parte  of  my  howselott 
that  was  intended  for  my  sonne  Perrigrine,  lyinge  next  to  the 
burying  place,  and  the  land  I  haue  beyond  the  great  Riuer 
eastward  ;  and  allso,  to  him  and  my  second  sonne  Noah,  fiue 
acres  apeece  of  meadow,  with  vplands  proportionable  therevnto, 
and  to  the  rest  of  my  children  vnmarried  twenty  pounds 
apeece,  at  the  age  of  one  and  twenty  yeares,  or  at  the  time  of 
her  death,  w^^  shall  come  the  sooner.  And  for  my  two  daugh- 
ters that  bee  married,  my  desire  is,  that  they  may  haue  twenty 
shillings  a  peece,  and  euery  one  of  theire  children,  fiue  shillings 
a  peece,  either  in  bookes  or  such  other  thinges  as  my  wife  shall 
best  please  to  parte  withall.  And  I  desire  the  Church,  whose 
seruant  I  now  am,  to  take  the  care  and  ouersight  of  my  family, 
that  they  may  bee  brought  vp  in  the  true  feare  of  God  ;  and  to 
see  that  this  my  will  bee  faithfully  p^formed.  In  witnesse 
hereof,  I  haue  subscribed  my  name,  the  8*^1  May,  1648. 

Henry  Smith. 

[267]     The  Inventory  of  Mr.  Henry  Smith  of  Weather sfeild,  lately 

deceased. 

Imp':  wearing  clothes,  ....       20.   00.  00 

It:  Bookes,  ..... 

It.  3  feather  beds,  with  all  thinges  belonging  to  them, 

two  sutes  of  linen,  .  .  .  40.  00.  00 


504  WILLS      AND      INVENTORIES. 

It:  2  flock  beds,  with  two  sutes  of  Linnen,  and  all  things 

belonging  to  them,          .              .              .              .       08.  00.  00 
It:  Table  linnen,  4Z.    It:  one  carpett,  11.    It:  chests  and 

truncks,  11.  IQs.,        .              .              .              .       06.  10.  00 

It:  4  cushion  stooles,  155.     It:  9  cushions,  11.  10s.,          02.  05.  00 
It:  Tables,  chaires,   stooles,  and  other  things  belonging 

to  them,         .....              01.  10,  00 

It:  Cob  irons,  trammells  and  other  fire  irons,               .       02.  08.  00 

It:  Brass,  iron  potts,  &  pewter  and  such  like,         .              15.  00.  00 

It:  Beare  vessells,  tubbs,  and  other  wooden  vessells,         02.  00.  00 

It:  Armes  and  Ammunition,          .              .              .              04.  00.  00 

It:  Axes,  howes  and  other  husbandry  tooles,                 .       03.  10.  00 

It:  inCorne,  UL  10s.  It:  in  Maulte,  21,  Ss.,         .             16.  18.  00 

It:  Meate  and  Bacon,  6?.  It:  Bees,  8Z.,           .              .       14.  00.  00 

It:  Howses  and  lands,  180Z.  It:  a  Horse  and  Mare,  23/.,  203.  00.  00 

It:  3  Cowes,  15/.  It:  one  lastyeare  heifer,  11.  10s.,         16.  10.  00 

It:  one  sow  and  2  piggs,                .              .              .              01.  10.  00 

It:  due  to  the  estate  in  debts,              .              .              .       40.  00.  00 


397.   01.  00 
Owing  from  the  estate,  026.   02.  06 


Jeames  Boosy, 
Sammuell  Smith. 


The  sum  remaining  is         370.   18.  06 


[268]       The  last  Will   and    Testament  of  Gyles  Gibbs,  of 
Wyndsor,  deceased. 

Know  all  men  by  these  presents  that  I,  Gyles  Gibbs,  of 
Wyndsor,  on  Connecticutt,  yeoman,  being  weake  in  body  but 
of  perfect  vnderstanding  and  memory,  doe  ordaine  this  my  last 
will  and  Testament,  as  follow^h: 

Imp"":  my  will  is,  that  my  sonne  Gregory  bee  put  forth  an 
Apprentice  to  some  godly  man,  for  the  space  of  fiue  yeares,  at 
the  discretion  of  my  execut:  and  the  ouerseers  of  this  my  last 
will ;  and  if  hee  submitt  therevnto  and  stay  out  his  time  to  the 
likinge  of  my  ouerseers,  I  doe  then  bequeath  vnto  him  my  lott 
ouer  the  great  Riuer,  to  him  and  his  heires  foreuer,  in  case  my 
said  ouerseers  haue  any  incouragement  to  judge  him  worthy ; 
otherwise  at  theire  discretion,  I  bequeath  him  5/.  to  bee  paid 
him  at  the  age  of  21  yeares.  Allso,  I  giue  to  my  two  sonnes, 
Sammuell  and  Beniamin,  20/.  a  peece,  and  to  my  daughter 
Sarah,  20/.,  to  bee  paid  them  at  the  age  of  21  yeares.     And  to 


WILLS      AND      INVENTORIES.  506 

Jacob,  my  sonne,  I  giue  my  howse  and  lotts,  meadow,  home- 
lotte  and  great  lott  and  lottes  whatsoeuer  on  this  side  the  great 
Riuer,  after  his  mothers  life.  And  to  my  wife,  I  giue  all  my 
lottes,  howses,  all  my  househould  goods,  cattells  and  chattells, 
my  debts  being  discharged ;  provided  that  in  case  my  said 
ouerseers  haue  no  good  incouragement  concerneing  the  dispo- 
sition of  my  Sonne  Gregory,  but  doe  judge  him  vnworthy  a 
fathers  blessing,  vnder  theire  hands,  my  will  is  that  my  execut: 
shall  haue  the  said  lotte  towards  the  education  of  my  children, 
vntill  my  sonne  Jacob  shall  attaine  the  age  of  21  yeares  ;  and 
then  my  will  is  that  my  sonne  Jacob  shall  haue  it  to  him  and 
his  heires  for  euer.  And  Executrixe  of  this  my  last  Will,  I 
appointe  Katherine,  my  wife.  And  ouerseers  of  this  my  Will 
and  Testament,  I  appointe  the  Deacons  of  the  Church  of  Wynd- 
sor,  at  all  times  in  being.  Blessed  bee  God. 
May  18th,  1641.     Witness,  Gyles  Gibbs. 

John  Warham, 
Ephraim  Huitt. 

Postscript :  1  giue  to  Elizaphatt  Gregory,  10  bushells  of 
Corne,  in  case  hee  discharge  the  debt  I  gaue  my  worde  for  him 
to  Mr.  Huitt.  And  to  Richard  Wellar,  I  giue  40s.,  by  205.  a 
yeare,  beginninge  from  September  next. 

Witness, 

John  Warham, 
Ephraim  Huitt. 


[269]  Wyndsor,  8*^  Septemb^,  1648. 

An  Inventory  of  the  estate  of  Samuell  Allyn,  late  of  Wyndsor, 

deceased. 

£ 
Imp':  the  bowsing  and  homelottes,  11/.  ;  It:  4  acres  of 

meadow,  11.         .  .  .  .  18.  00.  00 

It:  15  acres  ouer  the  great  Riuer,      .  .  .15.  00.  00 

It:  18  acresof  vpland,  .  .  .  04.10.00 

It:  in  goodes ;  one  bed  with  his  furniture,       .  .       05.  00.  00 

It:  two  beds  more,  &c.  .  .  .  02.   14.  00 

It:  one  pillowbeere,  one  table  cloath  and  napkins,       .       00.   10.  08 
It:  his  wearing  apparrell,  .  .  .  05.  05.  00 

It:  3  iron  potts,  21.  5s. ;  in  brass,  11.  lOs.  ;  in  pewter,  11. ,  04.   15.  00. 

44 


506  WILLS      AND      INVENTORIES. 

It:  in  hogsheads,  payles,  tubbs  and  earthen  ware,  00.  19.  00 
It:  2  spinning  wheeles,     .              .              .              .00.  07.  00 

It:  in  crookes,  Grid  iron,  fire  pan  and  tongs,  .       00.   13.  00 

It:  his  workeing   tooles,    21.   2^.  ;    It:    a    muskitt  and 

sworde,  13s.,           .              ...  02.   15.  00 

It:  a  table,  and  forme,  and  other  lumber,        .  .       00.   10.  00 

It:  in  cattle ;  one  cowe,  one  heifer,  1  yearling,  12.  00.  00 

It:  two  swynes,                 ....  04.  00.  00 


Henry  Clarke,  .  76.  18.  08 

Dauid  Willton, 


[270]     The  last  Will  and  Testament  of  Thomas  Nowell. 

I  Thomas  No  well,  of  Wyndsor  on  Conecticutt,  being  righte  in 
vnderstanding  and  of  perfect  memory,  in  regard  of  my  age  and 
weaknes  desiringe  to  sett  my  howse  in  order,  as  my  last  Will 
and  Testament  and  a  token  of  my  loue  and  respect,  doe  be- 
queath vnto  Robert  Willson  my  kinsman,  one  steere  and  one 
cowe ;  and  vnto  Isable  Phelps  my  kinswoman,  one  cowe.  And 
in  case  my  wife  shall  after  my  decease  marry  againe,  then  it  is 
my  will  and  Testament  that  at  the  time  of  marriage  forespece- 
fied,  the  said  Elizabeth,  ouer  and  aboue  my  foresaid  gifts,  shall 
pay  to  the  said  Robert  and  Isable  each  of  them,  ten  pownds  a 
peece  Item,  as  a  token  of  my  loue,  I  bequeath  vnto  my  wife 
Elizabeth  all  the  rest  of  my  estate  in  goods,  debts  or  dues  of 
what  kinde  soeuer,  to  her  full  and  finall  dispose  as  shee  shall  see 
best ;  as  allso  I  bequeath  vnto  her  my  dwelling  howse,  with  all 
my  lands  thereto  pi^taininge  in  Wyndsor  aforesaid,  for  and 
during  the  tearme  of  her  life.  And  after  her  decease,  as  a  token 
of  my  love,  I  bequeath  my  said  howse  and  land  vnto  Christopher 
Nowell,  son  of  Edward  Nowell,  of  Wakefield,  in  Yorkshire  in 
England,  deceased,  to  him  and  his  heires  for  euer.  And  to  this 
my  last  Will  and  Testament,  wittnes  my  hand,  subscribed  this 
present  November  3'^,  Anno  Domini,  1648. 

Wittnes,  Isable  Phelps,  Thomas  Nowell. 

Bray  Rosseter. 


WILLS      AND     INVENTORIES.  507 

An  Inventory  of  the  Estate  of  Thomas  Noivell,  late  of  Wyndsor  de- 
ceased, prized  by  vs  whose  names  are  heere  vnderwritlen,  Fehr. 
22'\  1648. 

£/  s.  d. 
Imp"^:   The  dwelling  howse,   barne,   outhowses,  with  the 
homelott,  orchyard,  with  an  addition  of  meadow 

adioining,             ....              75.  00.  00 

Item,  13  akers  of  meadow,  21.  \0s.  p"^  acre,                 .       45.  10.  00 

Item,  66  akers  of  vpland,  with  some  additions,  .  03.  00.  00 
In  Uie  Parlour ;  Item,  one   standing  bed,   with    its 

furniture,         .              .              .17.  00.  00 

Item,  one  trundle  bed,  with  its  furniture,               .              10.  00.  00 

Item,  one  couerlitt,  4  p"  of  sheets,  3  p'  pillow  beers,          06.  12.  00 

Item,  3  table  cloaths,  15  table  napkins,           .              .       02.  18.  00 

Item,  14  yards  ^  of  new  linnen,  with  some  cotton  cloath,   02.  03.  06 

Item,  more  new  cloath,  5  yards  "I",      .              .              .       00.  13.  09 

Item,  a  cubberd,  a  table,  a  chaire,  a  small  box,  3  stooles,  02.  10.  00 
Item,  2  truncks,  one  chest,  \l.  Qs.  ;  Item,   15  cushions, 

21.  Qs.,          .              .              .              .              .03.  12.  00 

Item,  2  Bibles,  and  some  other  bookes,     .              .              00.  14.  00 

Item,  a  p''  of  gold  waights,                  .             .             .       00.  03.  00 
Item,   his   wearing  apparrell,   IIZ.   11^.  ;  Item,   2   car- 

petts,  2/.,             .             .             .             .             13.  11.  00 

Item,  in  mony  and  plate,        ....       34.  00.  00 

[271]  Item,  a  pewter  flagon,  2  platters,  3  saltes,  2  pintes,  01.  00.  00 

Item,  a  pr.  of  andirons,  tongs  and  other  things,           .       00.  13.  00 
Item,  33  yards  of  kersy,  IIZ.   4*.  ;  Item,   5   yards  ^  of 

searge,  M.  lbs.                 .              .              .              12.  19.  00 

In  the  Kittchin ;  Item,  in  Pewter,                .              .       04.  00.  00 

Item,  in  Brass,      .....             04.  03.  04 

Item,  one  iron  pott,  one  fryinge  pann,              .              .       00.  12.  00 

Item,  2  peeces,  a  p"  of  bandleers,                .              .             01.  06.  00 
Item,  one  broiling   iron,  one  cleaver,   1    spittle  iron,   2 

spitts,  one  smoothing  iron,  one  gridiron,                00.  18.  06 

Item,  2  p"'  of  andirons,  fire  shouell  and  tongs,        .             00.  18.  00 

Item,  2  chaffing  dishes,  potthookes  and  hanging,                00.  05.  06 
Item,  one  chaire,  one  p'"of  bellowes.  Is.  ;  Item,  2  linnen 

wheeles,  6*.,        ....              00.  13.  00 
In    the  sellar ;    Item,   2   beare    barrills,    one    butter 

churne,  2  Runletts,  .  .  00.  13.  00 
Item,  one  case  of  bottles,  one  salting  trough,  .  00.  08.  00 
Item,  in  Porke,  2Z.  10*.  ;  Item,  in  tubbs  and  other  lum- 
ber, 1/.,  ....  03.  10.  00 
In  the  Parlour  Loft ;  Item,  one  bed  with  its  furniture,  05.  00.  00 
Item,  7  bush:  rye,  3  bush:  maulte,  20  bush:  pease,  04.  13.  00 
Item,  22  bush:  wheat,  ....  04.  08.  00 
Item,  2  sacks,  2  baggs,  1  hogshd.,  some  old  tooles,  00.  18.  06 
Item,  yearne,  linnen  and  cotton,  .  .  01.  14.  00 
Item,  12  yards  of  okam  cloath,             .              .              .       00.  18.  00 


508  WILLS      AND     INVENTORIES. 

In'ihe  Kitchin  Lofts  and  Garritts  ;  Item,  10  bush:  In- 
dian corne,                 .              .              ,              .01.  05.  00 
Item,  in  Bacon,                  .             .             .             .             01.  00.  00 
Item,   1  saddle,  1  cloakbag,  1  pillion,   1   sidesaddle   and 

pillion  cloath,  .  .  .  .02.  06.  00 

Item,  2  horse  collars,  and  other  geares,  .  00.   12.  00 

Item,  3  pillowes,  one  blankitt,  .  .  .       01.  00.  00 

Item,  3  hogshds,  2  sythes,  flax,  and  other  lumber,  02.   00.  00 

In  the  yardes  and  outhowses  ;  Item,  2  horses,  onecolte,  27.  00.  00 

Item,  2  oxen,  2  steares,  .  .  .  .23.  00.  00 

Item,  3  cowes,  one  heifer,  one  young  bull,  18.  05.  00 

Item,  3  swyne,  .  .  .  .  02.  00.  00 

Item,  waine,  wheeles,  expinns,  cops  and  pin,  .       01.   10.  00 

Item,  2  yoakes  with  theire  irons,  2  chaines,  2  p""  yoake 

crooks,         .  .  .  .  .       01.  00.  00 

Item,  one  plow,  one  harrow,  one  grynding  stone,  01.  05.  00 

Item,  4  stocks  of  Bees,     .  .  .  .  03.  00.  00 

Item,  (more  abroad)  2  cowes,  one  steare,       .  .        15.  00.  00 

Item,  one  iron  crow,  a  saw,  beetle  and  wedges,  with  some 

other  things,  .  .  .  .       01.  10.  00 


Henry  Clarke,  Totall  sum  is,  368.  11.  01 

Dauid  Willton, 
John  Moore. 


X 


CODE  OF  LAWS, 

ESTABLISHED    BY    THE    GENERAL    COURT,    MAY,     1650.* 
^  [Recorded  in  Vol.  II.] 

[6*]  Forasmuch  as  the  free  fruition  of  such  Libberties,  Immunities, 
Privileges,  as  Humanity,  Civillity  and  Christianity,  call  for,  as  due 
to  euery  man  in  his  place  and  proportion,  without  Impeachm'  and 
infringement,  hath  euer  beene  and  euer  will  bee  the  Tranquillity  and 
Stabillity  of  Churches  and  Common  wealths,  and  the  denyall  or  de- 
privall  thereof,  the  disturbance  if  not  ruine  of  both  : — 

It  is  therefore  ordered  by  this  Courte  and  Authority  thereof,  that 
no  mans  life  shall  bee  taken  away,  no  mans  honor  or  good  name 
shall  bee  stained,  no  mans  person  shall  be  arrested,  restrained,  ban- 
ished, dismembered  nor  any  way  punnished ;  no  man  shall  bee  de- 
prived of  his  wife  or  children,  no  mans  goods  or  estate  shall  bee 
taken  away  from  him,  nor  any  wayes  indamaged,  vnder  colour  of 
Law  or  countenance  of  Authority,  vnless  it  bee  by  the  vertue  or 
equity  of  some  express  Law  of  the  Country  warranting  the  same, 
established  by  a  Generall  Courte,  and  sufficiently  published,  or  in 
case  of  the  defect  of  a  Law  in  any  perticular  case,  by  the  word  of 
God- 3 

•In  April,  1646,  the  General  Court  desired  Mr.  Ludlow  "to  take  some  paynes  in  drawing 
forth  a  body  of  lawes  for  the  gouermnent  of  this  Commonwelth,  &  present  them  to  the  next 
Generall  Courte."  (p.  138,  ante.)  The  request  does  not  appear  to  have  been  in)mediately  com- 
plied with, — at  least,  the  work  v^s  not  completed  in  time  to  be  presented  for  the  action  of  the 
Court,  before  May,  1647  ;  it  was  then  ordered,  that  when  the  body  of  laws  should  be  per- 
fected, aa  the  Court  had  desired,  Mr.  Ludlow  "  should,  besides  the  paying  the  hyer  of  a  man,  be 
further  considered  for  his  paynes."  (p.  154.)  No  further  mention  of  the  progress  of  the  work, 
or  of  its  completion,  occurs  upon  the  records,  until  Feb.  1651,  when  an  order  of  the  Court, 
granting  extra-compensation  to  the  Secretary  for  "drawing  out  and  transcribing  the  country 
orders,  concluded  and  established  in  May  last"  enables  us  to  fix  the  date  of  its  adoption. 

This  Code,  (usually  cited  as '  Mr.  Ludlow's  code,'  or  '  tlie  code  of  1650,')  is  recorded  at  the  end 
of  Vol.  11.  of  the  Colony  Records,  and  separately  paged.  The  orders  subsequently  passed,  were, 
from  time  to  time,  added  at  the  end,  or  occasionally  inserted  under  the  appropriate  title,  by  the 
Secretary.  Prefixed  to  the  Laws  is  a  copy  of  the  Fundamental  Orders,  or  Constitution  of  1639, 
already  printed,  on  page^  20—25  of  this  volume. 

44* 


510  CODE      OF      LAWS. 

[7*]  ABILLITY. 

It  is  ordered  by  this  Courte,  that  all  persons  of  [the  age]  of  twenty 
one  yeares  and  of  right  vnderstanding,  whether  excomunicated,  con- 
demned or  other,  [shall]  haue  full  power  and  libberty  to  make  theire 
W[ills  and]  Testaments,  and  other  lawfull  alienations  of  theire 
[lands]  and  estates,  and  may  bee  Plaintiffes  in  a  civill  case. 

ACTIONS. 

It  is  further  ordered  and  decreed,  that  in  all  Actions  brought  to 
any  Courte,  the  Plaintiff  shall  haue  libberty  to  withdraw  his  Action, 
or  to  bee  non  suted,  before  the  Jury  haue  giuen  in  theire  verdict,  in 
w°''  case  hee  shall  allwayes  pay  full  costs  and  charges  to  the  De- 
fend', and  may  afterward  renew  his  suite  at  another  Courte,  the 
former  non  suite  being  first  recorded. 


It  is  ordered  by  this  Court  and  the  Authority  thereof,  that  the  Age 
for  passing  away  of  Lands  or  such  kinde  of  Hereditaments,  or  for 
gluing  of  voates,  verdicts  or  sentences  in  any  civill  Courtes  or 
causes,  shall  bee  twenty  and  one  yeares,  but  in  case  of  chusing  of 
Guardians,  fourteene  yeares. 

ARRESTS. 

It  is  ordered  and  decreed  by  this  Courte  and  Authority  thereof, 
that  no  person  shall  bee  arrested  or  imprisoned  for  any  debt  or  fyne, 
if  Law  can  finde  any  competent  meanes  of  satisfaction  otherwise 
from  his  estate  ;  and  if  not,  his  person  may  bee  arrested  and  im- 
prisoned, where  hee  shall  bee  kept  at  his  owne  charge,  not  the  Plain- 
tiffs, till  satisfaction  bee  made,  vnless  the  Courte  that  had  cognis- 
cance  of  the  cause  or  some  Superior  Courte  shall  otherwise  deter- 
mine ;  provided  neuertheless,  that  no  mans  person  shall  bee  kept  in 
prison  for  debt  but  when  there  appeares  some  estate  w"^  hee  will  not 
produce,  to  w''*'  end  any  Courte  or  Commissioners  authorized  by  the 
Generall  Courte,  may  administer  an  oath  to  the  party  or  any  others 
suspected  to  bee   priuye  in  concealing  his  estate  ;   [  ]   shall 

satisfie   by  service,   if  the  Creditor  require   [it,]  but  shall  not  bee 
sould  to  any  but  of  the  English  Nation. 

[8*]  ATTACHEMENTS. 

It  is  ordered,  sentenced  and  decreed,  that  the  ordinary  summons 
or  process  for  the  present  within  this  Jurissdiction   and  vntill  other 


CODEOFLAWS.  511 

provision  made  to  the  contrary,  bee  a  warrant  fairely  written,  vnder 
some  magistrate  or  magistrates  hand  or  hands,  mentioning  the  time 
and  place  of  appearance,  and  if  the  said  party  or  partyes  doe  not 
appeare  according  to  the  said  warrant  or  summons  vppon  Affidauit 
first  made  of  the  serving  of  the  said  person  or  persons,  the  Courto 
shall  graunt  an  Attachement  against  the  person  or  persons  delin- 
quent to  arrest  or  apprehend  the  said  person  or  persons  for  his  or 
theire  vvillfull  contempt;  and  in  case  no  sufficient securitye  or  bayle 
bee  tendred,  to  imprison  the  said  party  or  partyes,  returneable  the 
next  Courte  that  is  capeable  to  take  cogniscance  of  the  said  buisnes 
in  question ;  and  vppon  returne  of  the  said  Attachement,  the  said 
Courte  to  doe  therein  as  according  to  the  Lawes  and  orders  of  this 
Jurissdiction  ;  and  in  that  case  allso  the  party  delinquent  to  beare 
his  owne  charge. 

It  is  also  ordered,  that  Attachements  to  seize  vppon  any  mans 
Lands  or  estate  bee  onely  graunted  for,  or  against,  such  goods  as 
are  Forreigners  and  doe  not  dwell  or  inhabitt  within  this  Jurissdic- 
tion ;  or  in  any  case  vppon  credible  Information  it  appeare  that  any 
Inhabitant  that  is  indebted,  or  ingaged,  goe  about  to  conuey  away 
his  estate  to  defraud  his  Creditors,  or  to  conuey  away  his  person  out 
of  this  Jurissdiction,  so  as  the  process  of  this  Jurissdiction  may  not 
bee  serued  vppon  his  person  ;  in  that  or  any  other  just  causes  there 
may  bee  Attachement  or  Attachements  graunted  vppon  the  Limmit- 
ations  expressed ;  provided  that  in  all  cases  of  Attachements,  all  or 
any  of  the  Creditors  haue  libberty  to  declare  vppon  the  said  Attache- 
ment, if  hee  come  in  at  the  returne  of  the  said  Attachement ;  provi- 
ded allso  that  if  any  Attachement  laid  vppon  any  mans  estate,  vppon 
a  pretence  of  a  great  sum,  and  if  it  bee  not  prooued  to  bee  due  in 
some  neare  proportion  to  the  sum  challenged,  and  mentioned  in  the 
Attachement,  then  the  security  giuen  shall  bee  lyable  to  such  dama- 
ges as  are  susteined  therby. 

It  is  further  ordered  and  decreed  by  this  Courte,  that  whosoeuer 
takes  out  an  Attachement  against  any  mans  persons,  goods,  chatties, 
Lands  or  Hereditaments,  sufficient  security  and  caution  shall  bee 
[9*]  giuen  by  him  to  prosecute  his  Action  in  C[ourte]  and  to  an- 
swer the  defendant  such  Costs  as  shall  [be  awarded]  him  by  the 
Courte  ;  and  in  all  Attachments  of  g[oods  or]  lands,  legall  notice 
shall  bee  giuen  vnto  the  P[arty]  or  left  in  writing  at  his  bowse  or 
place  of  vsuall  [abode]  if  hee  Hue  within  this  Jurissdiction,  other- 
wise [his]  sute  shall  not  proceed.  And  it  is  further  ordered  and 
declared,  that  euery  man  shall  haue  libberty  to  Repleuye  his  Cattle 
or  goods  impounded,  distreined,  seized  or  extended,  (vnless  it  bee 


512  CODE      OF     LAWS. 

vppon  execution  after  Judgment  and  in  payment  of  Fynes,)  prouided 
in  like  manner  hee  put  in  good  security  to  prosecute  his  Replevy  and 
to  satisfie  such  damage,  demaunds  or  dues  as  his  Adversary  shall 
recouer  against  him  in  Lawe. 

BALLAST. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  no  Ballast 
shall  bee  taken  from  any  shoare  in  any  Towne  within  this  Jurissdic- 
tion,  by  any  person  whatsoeuer,  vi^ithout  Allowance  vnder  the  hands 
of  those  men  that  are  to  order  the  affaires  in  each  Towne,  vppon  the 
Penalty  of  six  pence  for  euery  shovell  full  so  taken,  unless  such 
stones  as  they  had  laid  there  before.  It  is  allso  ordered  by  the  Au- 
thority aforesaid,  that  no  shipp  nor  other  vessell  shall  cast  out  any 
Ballast  in  the  Channell  or  other  place  inconvenient,  in  any  harbor 
within  this  Jurissdiction  ;  vppon  the  Penalty  often  pounds. 

BARRATRY. 

It  is  ordered,  decreed  and  by  this  Courte  declared,  that  if  any 
man  bee  prooued  and  adiudged  a  Common  Barrater,  vexing  others 
with  vniust,  frequent  and  needless  sutes,  it  shall  bee  in  the  power  of 
Courtes  both  to  reiect  his  Cause,  and  to  punish  him  for  his  Barratry. 

BILLS. 

It  is  ordered  by  the  Authority  of  this  Courte,  that  any  Debt  or 
Debts  due  vppon  Bill  or  other  speciality.  Assigned  to  another,  shall 
bee  as  good  a  debt  and  estate  to  the  Assignee  as  it  was  to  the  Assign- 
er,  at  the  time  of  its  Assignation,  and  that  it  shall  bee  lawfull  for  the. 
said  Assignee  to  sue  for  and  recouer  the  said  Debt  due  vppon  Bill 
and  so  assigned,  as  fully  as  the  originall  Creditor  might  haue  done  ; 
provided  the  said  Assignement  bee  made  vppon  the  backside  of  the 
Bill  or  Speciality,  not  excluding  any  just  or  cleare  interest  any  man 
may  haue  in  any  Bills  or  Specialtyes  made  ouer  to  them  by  Letters 
of  Attornye  or  otherwise. 

[10*]       BOUNDS    OP    TOWNES    AND    PERTICULAR    LANDS. 

Forasmuch  as  the  Bounds  of  Townes  and  of  the  Lands  of  perticu- 
ler  persons  are  carefully  to  bee  meinteined,  and  not  without  great 
danger  to  bee  remoued  l)y  any  ;  w'""  notwithstanding  by  deficiency 
and  decay  of  markes  may  at  vnawares  bee  done,  whereby  great 
jealousies  of  persons,  trouble  in  Townes  and  incumbrances  in  Courtes 
doe  often  arise,  w"''  by  due  care  and  meanes  might  bee  prevented  j 


CODE      OF     LAWS.  513 

It  is  therfore  ordered  by  this  Courte  and  Authority  thereof,  that 
euery  Towne  shall  sett  out  theire  Bounds  within  twelue  months  after 
the  publishing  hereof,  and  after  theire  Bounds  are  graunted  ;  and 
that  when  theire  Bounds  are  once  sett  out,  once  in  the  yeare  three 
or  more  persons  in  the  Towne,  appointed  by  the  Select  men,  shall 
appoint  with  the  adiacent  Townes  to  goe  the  bounds  betwixt  theire 
said  Townes  and  renew  theire  markes,  w"''  markes  shall  bee  a  great 
heape  of  stones  or  a  trench  of  six  foott  long  and  two  foott  broad,  the 
most  Auncient  Towne,  {w"^  for  the  Riuer  is  determined  by  the  Courte 
to  bee  Wethersfeild,)*  to  giue  notice  of  the  time  and  place  of  meet- 
ing for  this  perambulation,  w"*"  time  shall  bee  in  the  first  or  second 
month,  vppon  paine  of  fine  pounds  for  euery  Towne  that  shall  neg- 
lect the  same  ;  provided,  that  the  three  men  appointed  for  perambu- 
lation shall  goe  in  theire  severall  quarters,  by  order  of  the  select 
men  and  at  the  charge  of  the  severall  Townes.  And  it  is  further 
ordered,  that  if  any  perticular  proprietor  of  Lands  lying  in  Common 
with  others  shall  refuse  to  goe  by  himselfe  or  his  Assigne,  the  bounds 
betwixt  his  land  and  other  mens,  once  a  yeare,  in  the  first  or  second 
month,  being  requested  thereunto  vppon  one  weekes  warning,  hee 
shall  forfeit  for  euery  day  so  neglecting,  ten  shillings,  halfe  to  the 
party  mooving  thereto,  the  other  halfe  to  the  Towne.  And  the 
owners  of  all  impropriated  grounds  shall  bound  euery  perticular 
parcell  thereof  with  sufficient  Meare  stones,  and  shall  preserue  and 
keepe  them  so  vppon  the  former  penalty. 

BURGLARY    AND    THEFT. 

Forasmuch  as  many  persons  of  late  yeares  haue  beene  and  are 
apt  to  bee  iniurious  to  the  goods  and  liues  of  others,  notwithstanding 
all  care  and  meanes  to  prevent  and  punnish  the  same ; 

It  is  therfore  ordered  by  this  Courte  and  Authority  thereof,  that  if 
any  person  shall  committ  Burglary,  by  breaking  vp  any  dwelling 
howse,  or  shall  robb  any  person  in  the  feild  or  high  wayes,  such  a 
person  so  offending  shall  for  the  first  offence  bee  branded  on  the 
forehead  with  the  Letter  (B)  :  If  hee  shall  offend  in  the  same  kind 
the  second  time,   hee   shall   bee  branded  as  before,  and   allso  bee 

*  This  early  decision,  by  the  General  Court,  of  the  question  of  priority  of  settlement  of  the 
River  towns,  seems  to  have  been  hitherto  overlooked  by  writers  on  our  colonial  history.  The 
clause  within  the  parenthesis  is,  in  the  original  record,  interlined.  As  however  the  hand  wri- 
ting is  that  of  Capt.  Cullick,  who  ceased  to  be  Secretary  in  1658,  the  interlineation  must  have 
been  made  within  a  few  years  after  the  adoption  of  the  code  of  1650.  The  clause  is  retained  in 
the  first  printed  revision,  of  1672-3,  and  in  that  of  1702  ;  but  is  omitted  in  subsequent  revisions. 


514  CODE     OF     LAWS. 

[11*]  severely  whipped;  and  if  hee  shall  fall  [into  the  same 
offence]  the  third  time,  hee  shall  bee  put  to  death  [as  being  incor- 
ridg]able.  And  if  any  person  shall  committ  [such  Burglary  or]  rob 
in  the  feilds  or  howse  on  the  Lords  day,  beside  the  former  punnish- 
ments,  hee  shall  for  the  first  offence  haue  one  of  his  eares  cutt  of, 
and  for  the  second  offence  in  the  same  kinde,  hee  shall  looss  his 
other  eare  in  the  same  manner ;  and  if  hee  fall  into  the  same  offence 
the  third  time,  hee  shall  bee  put  to  death. 

2.  Secondly,  for  the  preuention  of  Pillfring  and  Theft,  It  is  order- 
ed by  this  Courte  and  Authority  thereof,  that  if  any  person,  whether 
Children,  Servants  or  others,  shall  bee  taken  or  knowne  to  Robb  any 
orchyards  or  garden,  that  shall  hurte  or  steale  away  any  grafts  or 
fruite  trees,  fruites,  linnen,  woollen,  or  any  other  gooods  left  out  in 
orchyards,  gardens,  backsides,  or  other  place  in  Howse  or  Feilds,  or 
shall  steale  any  wood  or  other  goods  from  the  Waterside,  from  mens 
dores  or  yards,  hee  shall  forfeitt  treble  damage  to  the  owners  there- 
of, and  such  seveere  punishment  as  the  Courte  shall  thinke  meete. 

And  forasmuch  as  many  times  it  so  falls  out  that  small  thefts  and 
other  offences  of  a  criminall  nature  are  comitted,  both  by  English 
and  Indians,  in  Townes  remoate  from  any  prison  or  other  fitt  place 
to  w^*"  such  malefactors  may  bee  committed  till  the  next  Courte  ;  It 
is  therfore  hereby  ordered,  that  any  Magistrate,  vppon  complaint 
made  to  him,  may  heare  and  vppon  due  proofe  determine  any  such 
small  offences  of  the  aforesaid  nature,  according  to  the  Lawes  heere 
established,  and  giue  warrant  to  the  Constable  of  that  Towne  where 
the  offender  lines  to  leuye  the  same,  provided  the  damage  or  fyne 
exceed  not  forty  shillings  ;  provided  allso  it  shall  bee  lawfull  for 
either  party  to  appeale  to  the  next  Courte  to  bee  houlden  in  that  Ju- 
rissdiction,  giuing  sufficient  caution  to  prosecute  the  same  to  effect 
at  the  said  Courte.  And  euery  Magistrate  shall  make  returne 
yearely  to  the  Courte  of  the  Jurissdiction  wherin  hee  liueth,  of  what 
Cases  he  hath  so  ended.  And  allso  the  Constable,  of  all  such  fynes 
as  they  haue  receiued ;  And  where  the  offender  hath  nothing  to  sat- 
isfie,  such  Magistrate  may  punnish  by  Stocks  or  whipping,  as  the 
Cause  shall  deserue.  It  is  allso  ordered  that  all  servants  or  worke- 
men  imbeazling  the  goods  of  theire  Masters,  or  such  as  sett  them  on 
worke,  shall  make  restitution,  and  bee  lyable  to  all  Lawes  and  Pbii- 
altyes  as  other  men. 


CODE     OF     LAWS.  515 

CAPITALL    LAWES. 

[Of  the  Capital  Laws,  fourteen  in  number,  the  first  twelve  agree,  word  for  word,  with  those 
adopted  in  Dec.  1642,  and  recorded  on  page  [92]  of  Vol.  I,  (p.  77,  ante.)  It  has  not  been 
thought  necessary  to  repeat  them  here.     The  others  follow : — ] 

[13*]  13.  If  any  Childe  or  Children  aboue  sixteene  yeares  old  and 
of  sufficient  vnderstanding,  shall  Curse  or  smite  theire  naturall 
father  or  mother,  hee  or  they  shall  bee  put  to  death,  vnless  it  can  bee 
sufficiently  testified  that  the  Parents  haue  beene  very  vnchristianly 
negligent  in  the  education  of  such  Children,  or  so  prouoake  them  by 
extreame  and  cruell  correction  that  they  haue  beene  forced  there- 
vnto  to  preserue  themselues  from  death  [or]  maiming.  Exo:  xxi: 
17  ;   Levit:  xx.  [9]  ;  Exo:  xxi.  15. 

14.  If  a  man  haue  a  stubborne  and  rebellious  sonne  of  sufficient 
yeares  and  vnderstanding,  viz:  sixteene  yeares  of  age,  w°''  will  not 
obey  the  voice  of  his  father  or  the  voice  of  his  mother,  and  that  when 
they  haue  chastened  him,  will  not  hearken  vnto  them,  then  may  his 
Father  and  Mother,  being  his  naturall  parents,  lay  hold  on  him  and 
bring  him  to  the  Magistrates  assembled  in  Courte,  and  testifie  vnto 
them  that  theire  Sonne  is  stubborne  and  rebellious  and  will  not  obey 
theire  voice  and  chastisement,  but  liues  in  sundry  notorious  crimes, 
such  a  Sonne  shall  bee  put  to  death.     Deut:  xxi.  20,  21. 

It  is  allso  ordered  by  this  Courte  and  Authority  thereof,  that  what- 
soeuer  Childe  or  Servant,  within  these  Libberties,  shall  bee  convict- 
ed of  any  Stubborne  or  Rebellious  Carriage  against  their  Parents 
[14*]  or  Governours,  ||  w"*"  is  a  forerunner  of  the  aforementioned 
euills,  the  Gouernor  or  any  two  Magistrates  haue  libberty  and  power 
from  this  Courte  to  committ  such  person  or  persons  to  the  howse  of 
Correction,  and  there  to  remaine  vnder  hard  labour  and  severe  pun- 
nishm' so  long  as  the  Courte  or  the  maior  parte  of  the  Magistrates 
shall  judge  meete. 

And  whereas  frequent  experience  giues  in  sad  euidence,  &c. 

[This  provision  is  precisely  as  enacted  in  Dec.  1642,  and  follows  immediately  after  the 
twelve  capital  laws  recorded  on  page  78.] 

CASCK    AND    COOPER. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  all  Casck 
vsed  for  Tarr  or  other  Comodityes  to  bee  put  to  sale,  shall  bee  Assized 
as  follow"",  viz:  euery  Casck  commonly  called  Barrills  or  halfe  hogs- 
heads shall  containe  twenty  eight  gallons  wine  measure,  and  other 
vessells  proportionable  ;  and  that  fitt  persons  shall  bee  appointed 
liorn  time  to  time,  in  all  places  needfull,  to  gage  all  such  vessells  or 


VhT 


516  CODE     OF     LAWS. 

Cascks  and  such  as  shall  bee  found  of  due  Assize  shall  bee  marked 
with  the  gagers  marke  and  no  other,  who  shall  haue  for  his  paines 
four  pence  for  euery  Tunn,  and  so  proportionably. 

And  It  is  allso  ordered,  that  euery  Cooper  shall  haue  a  distinct 
Brandmarke  on  his  owne  Casck,  vppon  paine  of  forfeiture  of  twenty 
shillings  in  either  case,  and  so  proportionably  for  lesser  vessells. 

[15*]  CATTLE,     CORNEFEILDS,     FENCES. 

Forasmuch  as  complaints  haue  beene  made  [of]  very  euill  prac- 
tice of  some  disordered  persons  in  the  Country,  who  vse  to  take  other 
mens  Horses,  sometimes  vppon  the  Commons,  sometimes  out  of  theire 
owne  grounds,  common  feilds  and  Inclosures,  and  ride  them  at  theire 
pleasure,  without  a  leaue  or  priuity  of  theire  owners : — 

It  is  therfore  ordered  and  enacted  by  the  Authority  of  this  Courte, 
that  whosoeuer  shall  take  any  other  mans  Horse,  Mare  or  drawing 
Beast,  out  of  his  Inclosure,  vppon  any  Common,  out  of  any  common 
feild  or  elsewhere,  except  such  bee  taken  damage  faisant,  and  dis- 
posed of  according  to  law,  without  leaue  of  the  owners,  and  shall  ride 
or  vse  the  same,  hee  shall  pay  to  the  partyes  wronged  treble  damages, 
or  if  the  Complainant  shall  desire  it,, then  to  pay  onely  ten  .shillings, 
and  such  as  haue  not  to  make  satisfaction  shall  bee  punnished  by 
whipping,  imprisonment  or  otherwise,  as  by  law  shall  bee  adiudged, 
and  any  one  Magistrate  may  heare  and  determine  the  same. 

It  is  allso  further  ordered,  that  where  Lands  lye  Common,  vnfenced, 
if  one  shall  improue  his  Lands  by  fencing  in  seuerall,  and  another 
shall  not,  hee  whoe  shall  so  improue  shall  secure  his  land  against 
other  mens  Cattle,  and  shall  not  compell  such  as  joine  vppon  him  to 
make  any  fence  with  him,  except  hee  shall  allso  improue  in  severall, 
as  the  other  doth ;  and  where  one  man  shall  improue  before  his 
neighbour,  and  so  make  the  whole  fence,  if  after  his  said  neighbor 
shall  improue  allso,  hee  shall  then  satisfie  for  halfe  the  others  fence 
against  him,  according  to  the  present  value,  and  shall  meinteine  the 
same.  And  if  either  of  them  shall  after  lay  open  his  said  feilds, 
(w"''  none  shall  doe  without  three  months  warning,)  hee  shall  haue 
libberty  to  buy  the  devidend  fence,  payinge  according  to  the  present 
valuation  to  bee  sett  by  two  men,  chosen  by  either  party  one.  The 
like  order  shall  bee  [attended]  where  any  man  shall  improue  Land 
against  any  Towne  Common,  provided  this  order  shall  not  extend  to 
howse  lotts  not  exceeding  ten  acres  :  But  if  in  such,  one  shall  im- 
proue, his  neighbour  shall  [bee]  compellable  to  make  and  meinteine 
one  halfe  of  the  fence  betweene  them,  whether  hee  improue  [or  not.] 


CODE      OF     LAWS.  51^ 

[16*]  Provided  allso,  that  no  man  shall  bee  lyable  to  satisfie  for 
dammage  done  in  any  ground  not  sufficiently  fenced,  except  it  shall 
bee  for  dammage  done  by  Swyne  vnder  a  yeare  old,  or  vnruly  Cat- 
tle w"''  will  not  bee  restreined  by  ordinary  fences,  or  where  any  man 
shall  put  his  Cattle,  or  otherwise  voluntarily  tresspass  vppon  his 
neighbors  ground.  And  if  the  partye  damnified  finde  the  Cattle 
dammage  faisant,  hee  may  impound  or  otherwise  dispose  of  them. 
6th  Octo:  (52.)  The  Courte  declares  8f  explaines  this  order  doth  not 
reach  the  Lands  on  ye  east  side  of  the  Great  Riuer. 

CATTLE     TO     BEE      MARKED. 

For  the  preventing  of  differences  that  may  arise  in  the  owning  of 
Cattle  that  bee  lost  or  stray  away, 

It  is  ordered  by  this  Courte,  that  the  owners  of  any  Cattle  within 
this  Jurissdiction  shall  eare  marke  or  brand  all  theire  Cattle  and 
Swyne  that  are  above  halfe  a  yeare  old  (except  Horses,)  and  that 
they  cause  theire  severall  markes  to  bee  registred  in  the  Towne 
Booke,  and  whatsoeuer  Cattle  shall  bee  found  vnmarked  after  the 
first  of  July  next,  shall  forfeitt  flue  shillings  a  head,  whereof  two 
shillings  sixpence  to  him  that  discouers  it,  and  the  other  to  the 
Country.* 

COaiMON      FIELDS. 

Whereas  the  condition  of  these  seuerall  plantations  in  these  be- 
ginnings wherein  wee  are,  is  such  that  necessity  constraines  to  im- 
proue  much  of  the  ground  belonging  to  the  seuerall  Townes  in  a 
Common  way,  and  it  is  obserued  that  the  publique  and  general! 
good,  (w"''  ought  to  "bee  attended  in  all  such  improuements  as  are 
most  propper  to  them,  and  may  best  advance  the  same,)  receiues 
much  prejudice  through  want  of  a  prudent  ordering  and  disposing 
of  those  seuerall  Common  Lands  so  as  may  best  effect  the  same  ;— 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  each 
Towne  shall  chuse  from  among  themselues  fiue  able  and  discreet 
men,  who  by  this  order  haue  power  giuen  them,  and  are  required, 
to  take  the  Common  Lands  belonging  to  each  of  the  severall  Townes 
respectiuely  into  serious  and  sadd  consideration,  and  after  a  through 
disgesting  of  theire  owne  thoughts,  sett  downe  vnder  theire  hands  in 
what  way  the  said  Lands  may,  in  theire  judgements,  bee  best  im- 
proved for  the  common  good.  And  whatsoeuer  is  so  decreed  and 
determined  by  the  said  fiue  men  in  each  Towne,  or  any  three  of 

*,Enacted  Feb.  5,  1644-5.   p.  118. 

45 


518  CODE      OF     LAWS. 

them,  concerning  the  way  of  improuem'  of  any  such  Lands,  shall 
bee  attended  by  all  such  persons  that  have  any  propriety  or  inter- 
est in  any  such  Lands  so  judged  [by  the  said  Committee.] 
[17*]  And  whereas  allso,  much  dammage  hath  risen  not  onely  from 
the  vnrulines  of  some  kinde  of  Cattle  [but  allso]  from  the  weaknes 
and  insufficiency  of  many  fences,  whence  much  variance  and  dif- 
ference hath  followed,  w"*"  if  not  prevented  for  the  future  may  bee 
very  preiuditiall  to  the  publique  peace  ; — 

It  is  likewise  therfore  ordered,  that  the  said  fine  men  so  chosen 
or  at  least  three  of  them  shall  set  downe  what  fences  shall  bee  made 
in  any  Common  grounds,  and  after  they  are  made  to  cause  the  same 
to  bee  veiwed,  and  to  sett  such  fynes  as  they  judge  meete  vppon  any 
as  shall  neglect  or  not  duely  attend  theire  order  therein  ;  and  where 
fences  are  made  and  judged  suffitientby  them,  whatsoeuer  dammage 
is  done  by  hoggs  or  any  other  Cattle,  shall  bee  paid  by  the  owners 
of  the  said  Cattle.  And  the  severall  Townes  shall  haue  libberty 
once  euery  yeare  to  allter  any  three  of  the  former  fine,  and  to  make 
choyce  of  others  in  theire  roome.  It  being  provided  that  any  per- 
ticular  man  or  men,  shall  haue  libberty  to  inclose  any  of  theire  per- 
ticular  grounds,  and  improue  them  according  to  theire  owne  discre- 
tion by  mutuall  agreement,  notwithstanding  this  order.*  This  ser- 
vice is  committed  to  the  Townsmen,  as  appeares  by  an  order  of 
Courte,  5""  of  Feb"",  1650,  on  the  other  side  of  thisbooke.f 

CAVEATS      ENTKED. 

Whereas  it  appeares  that  diuers  to  defeate  and  defraude  theire 
Creditors  may  secreetly  and  vnderhand  make  iBargaines  and  Con- 
tracts of  theire  Lands,  Letts  and  Accomodations,  by  meanes  where- 
of, when  the  Creditor  thinkes  hee  hath  a  meanes  in  due  order  of 
Law  to  declare  against  the  said  Lands,  Lotts  and  Accomodations, 
and  so  recouer  satisfaction  for  his  debt,  hee  is  wholy  deluded  and 
frustrated,  w^'^is  contrary  to  a  righteous  rule  that  euery  man  should 
pay  his  debt  with  his  estate,  bee  it  in  what  it  will  bee,  either  reall 
or  personall,  this  Courte  taking  it  into  consideracon  doe  order,  sen- 
tence and  decree.  That  if  any  Creditor  for  the  future  doe  suspect 
any  debtor,  that  hee  may  prooue  non  soluant  in  his  personall  estate,  hee 
may  repaire  to  the  Register  or  Recorder  of  the  plantation  where 
the  Lands,  Lotts  or  Accomodacons  lyes,  and  enter  a  Caveatt  against 

*  Enacted  Feb.  14th,   1643-4.  (p.  101.)  with  an  amendment  authorizing  the  appointment  of 
Jive  men,  in  place  of  seven,  Feb.  5th,  1644-5.  (p.  118.)         t  Pafe  214. 


CODE      OF     LAWS.  519 

the  Lands,  Lotts  and  Accomodacons  of  the  said  debtor,  and  shall 
giue  to  the  said  Register  or  Recorder  foure  pence  for  the  entry  there- 
of: And  the  said  Creditor  or  Creditors  shall  take  out  summons  against 
the  said  debtor,  and  in  due  forme  of  Law,  the  next  perticular  Courte, 
either  for  the  whole  Colony  or  for  the  perticular  plantation  where 
the  said  Lands,  Lotts  or  Accomodations  lyes,  or  the  next  Courte  en- 
sueing,  declare  against  the  said  debtors  Lands,  Lotts  and  Accomo- 
[18*]  dations.||  And  so  if  the  Creditor  recouer,  hee  may  enter  a 
judgement  vppon  the  said  Lotts,  Lands  and  Accomodations,  and 
take  out  an  extent  against  the  said  Land,  directed  to  a  knowne 
officer,  whoe  may  take  two  honest  and  sufficient  men  of  the  neigh- 
bours, to  aprize  the  said  Lands,  Lotts  and  Accomodations,  either  to 
bee  sould  outright  if  the  debt  so  require,  or  sett  a  reasonable  rent 
vppon  the  same  vntill  the  debt  bee  paid,  and  deliuer  the  possession 
thereof  either  to  the  Creditor  or  Creditors,  his  or  theire  Assigne  or 
Assignes,  or  any  other  ;  and  what  sale  or  sales,  lease  or  leases,  the 
said  officer  makes,  being  orderly  recorded,  according  to  former 
order  of  recording  of  Lands,  shall  bee  as  legall  and  binding  to  all 
intents  and  purposes  as  though  the  debtor  himselfe  had  done  the 
same  ;  provided  that  if  the  said  debtor  can  then  presently  procure  a 
Chapman  or  Tennant  that  can  giue  to  the  Creditor  or  Creditors  satis- 
faction to  his  or  theire  content,  hee  shall  haue  the  first  refusing 
thereof.  Allso  it  is  declared,  that  hee  w"*"  first  enters  Caveatts  as 
abouesaid,  and  his  debt  being  due  at  his  entring  the  said  Caveatt, 
shall  bee  first  paid  ;  and  so  euery  Creditor  as  hee  enters  his  Caveatt 
and  his  debt  becomes  due,  shall  bee  orderly  satisfied,  vnless  it  ap- 
peare  at  the  next  Courte,  the  debtors  Lands,  Lotts  and  Accomoda- 
cons proue  insufficient  to  pay  all  his  Creditors,  then  euery  man  to 
haue  a  sutable  proportion  to  his  debt  out  of  the  same,  and  yet  not- 
withstanding euery  man  to  receiue  his  parte  according  to  the  entry 
of  his  Caveatt.  Yet  this  is  not  to  seclude  any  Creditor  to  recouer 
other  satisfaction,  either  vppon  the  person  or  estate  of  the  debtor  ac- 
cording to  Lawe  and  Custome  of  the  Colony.  As  allso  it  is  further 
decreed,  that  what  sale  or  bargaine  so  euer  the  debtor  shall  make 
concerning  the  said  Lotts,  Lands  and  Accomodations,  after  the 
entring  of  the  said  Caveatt,  shall  bee  voide,  as  to  defraude  the  said 
Creditors. 

It  is  allso  further  explained  and  declared,  that  if  the  said  debtor 
bee  knowne  to  bee  a  non  solvant  man  before  the  first  Caveatt  entred 
against  the  said  Lotts,  Lands  and  Accomodations,  and  the  same  ap- 
peare  at  the  next  perticular  Courte,  then  the  Courte  shall  liaue  power 


520  CODE      OF     LAWS, 

to  call  in  all  the  Creditors  in  a  shorts  time,  and  sett  an  equall  and 
indifferent  way,  how  the  creditors  shall  bee  paid  out  of  the  said 
Lotts,  Lands  and  Accomodations  ;  otherwise,  if  the  said  Debtor 
prooue  insolvant  after  y^  first  Caveatt  entred,  then  this  order  to  bee 
dulye  obserued,  according  to  the  premisses  and  true  intent  and  mean- 
ing thereof. 

It  is  allso  further  declared  and  explained,  that  the  said  Recorder 
or  Register  of  the  said  Caveatt,  shall,  the  next  perticular  Courte  as 
aforesaid,  returns  the  said  Caveatts  that  are  with  him  ;  at  w"''  time 
and  Courte  the  sntsrers  of  the  said  Caveatts  shall  bee  called  forth 
to  prosecute  the  same  the  next  perticular  Courte  following,  and  if  the 
enterers  of  the  said  Caveatts  faile  to  prosecute  according  to  this 
order,  the  Register  or  Recorder  of  the  said  Caveatt  or  Caveatts  shall 
putt  a  Vacatte  vppon  [the  said  Caveatt  or  Caveatts]  w''''  shall  bee  in- 
valid or  voide  to  [charge]  the  saide  Lotts,  Lands  and  Accomodations 
aforesaid.* 

[19*]  DISSORDEE     IN     COURTE. 

It  is  ordered  by  this  Courte  that  whosoeuer  doth  disorderly  speake 
priuately  during  the  sitting  of  the  Courte,  with  his  neighbo'',  or  two 
or  three  together,  shall  presently  pay  twelue  pence,  if  the  Courte 
so  thinks  meete.f 

SECREETS     IN     COURTE. 

It  is  ordered  and  decreed,  that  whatsoeuer  member  of  the  Gen- 
erall  Courte  shall  reueale  any  secreett  w"''  the  Courte  inioynes  to 
bee  kept  secreet,  or  shall  make  knowne  to  any  person  what  any  one 
member  of  the  Courte  speakes  concerneing  any  person  or  businesses 
that  may  come  into  agitation  in  the  Courte,  shall  forfeitt  for  euery 
such  fault  ten  pounds,  and  bee  otherwise  dealt  withall  at  the  dis- 
cretion of  the  Courte.  And  the  Secretary  is  to  read  this  order  at 
the  beginning  of  euery  Generall  Courts.:]: 

CHILDREN. 

Forasmuch  as  the  good  Education  of  Children  is  of  singular  be- 
hoofs and  benefitt  to  any  Common  wealth,  and  whereas  many  pa- 
rents and  masters  are  too  indulgent  and  negligent  of  theire  duty  in 
that  kinde ; — 

It  is  therfore  ordered  by  this  Courte  and  Authority  thereof,  that 
the  Select  men  of  euery  Towne,  in  the  seuerall  precincts  and  quar- 

•Enacted,  May  25tb,  1647.    p.  151.       t  Mar.  9lh,  1637-8.   p.  13.       i  Oct.  1639.  p.  39. 


CODEOFLAWS.  52 1 

tors  where  they  dwell,  shall  haue  a  vigilant  eye  ouer  theire  breth-' 
ren  and  neighbours,  to  see  first,  that  none  of  them  shall  suffer  so 
much  Barbarisme  in  any  of  theire  familyes  as  not  to  indeauor  to 
teach  by  themselucs  or  others  theire  Children  and  Apprentices  so 
much  Learning  as  may  inable  them  perfectly  to  read  the  Inglish 
tounge,  and  knowledge  of  the  Capitall  Lawes,  vppon  penalty  of 
twenty  shillings  for  each  neglect  therein  ;  Allso,  that  all  Masters  of 
familyes  doe  once  a  weeke  at  least,  catechise  theire  children  and 
servants  in  the  grounds  and  principles  of  religion  ;  and  if  any 
bee  vnable  to  doe  so  much,  that  then  at  the  least  they  pro- 
cure such  Children  or  Apprentices  to  learne  some  shorte  orthodox 
Catechisme,  without  booke,  that  they  may  bee  able  to  answer  to  the 
questions  that  shall  bee  propounded  to  them  out  of  such  Catechismes 
by  theire  parents  or  Masters  or  any  of  the  Select  men,  when  they 
shall  call  them  to  a  tryall  of  what  they  haue  learned  in  this  kinde. 
And  further,  that  all  Parents  and  Masters  doe  breed  and  bring  vp 
theire  Children  and  Apprentices  in  some  honest  lawfull  [calling,] 
[20*]  labour  or  imployment,  either  in  husbandry,  or  some  other 
trade  proffitable  for  themselues  and  the  Common  wealth,  if  they  will 
not  nor  cannott  traine  them  vp  in  Learning  to  fitt  them  for  higher 
imployments.  And  if  any  of  the  Select  men,  after  Admonition  by 
them  giuen  to  such  Masters  of  familyes,  shall  finde  them  still  negli- 
gent of  theire  duty  in  the  perticulars  aforementioned,  wherby  Chil- 
dren and  Seruants  become  rude,  stubborne  and  vnruly,  the  said 
Select  men  with  the  helpe  of  two  Magistrates  shall  take  such  Chil- 
dren or  Apprentices  from  them,  and  place  them  with  some  masters 
for  yeares,  boyes  till  they  come  to  twenty  one  and  girles  to  eight- 
eene  yeares  of  age  compleat,  w''''  will  more  strictly  looke  vnto,  and 
force  them  tosubmitt  vnto  gouernem',  according  to  the  rules  of  this 
order,  if  by  faire  meanes  and  former  instructions  they  will  not  bee 
drawne  vnto  it, 

CONSTABLES. 

It  is  further  ordered  by  the  Authority  aforesaid,  that  any  person 
tendred  to  any  Constable  of  this  Jurissdiction  by  any  Constable  or 
other  officer  belonging  to  any  Forreigne  Jurissdiction  in  this  Coun- 
try, or  by  warrant  from  any  such  Authority,  such  shall  presently 
bee  receiued  and  conueyed  forthwith  from  Constable  to  Constable, 
till  they  shall  bee  brought  vnto  the  place  to  w"''  they  are  sent,  or  be- 
fore some  magistrate  of  this  Jurissdiction,  whoe  shall  dispose  of 
them  as  the  Justice  of  the  Cause  shall  require  ;  and  that  all  Hue 
45* 


522  CODE     OF     LAWS. 

and  Cryes  shall  bee  duely  receiued  and  dilligently  persued  to  full 
effect. 

It  is  ordered  by  the  Authority  of  this  Courte,  that  euery  Consta- 
ble within  our  Jurissdiction  shall  henceforth  haue  full  power  to  make, 
sio-ne  and  put  forth  persuits  or  Hue  and  Cryes,  after  Murthers, 
Malefactors,  Peacebreakers,  Theeues,  Robbers,  Burglarers  and 
other  Capitall  offendors,  where  no  magistrate  is  neare  hand.  Allso, 
to  apprehend  without  warrant  such  as  are  ouertaken  with  drinke, 
swearing,  Saboath  breaking,  slighting  of  the  ordinances,  lying, 
vagrant  persons,  night  wallkers,  or  any  other  that  shall  offend  in 
a'ny  of  these,  provided  they  bee  taken  in  the  manner,  either  by  sighte 
of  the  Constable  or  by  present  information  from  others  :  As  allso  to 
make  search  for  all  such  persons  either  on  the  Saboath  day  or  other, 
when  theire  shall  bee  occasion,  in  all  howses  lycenced  to  sell  either 
Beare  or  Wyne,  or  in  any  other  suspected  or  disordered  places,  and 
those  to  apprehend  and  keepe  in  safe  custody  till  opportunity  serues 
[21*]  to  bring  them  before  one  of  the  next  Magistrates  ||  for  further 
examination  ;  Provided,  that  when  a[ny  Constajble  is  imployed  by 
any  of  the  Magistrates  for  [appre]hending  of  any  person,  hee  shall 
not  doe  it  [without]  warrant  in  writing  ;  And  if  any  person  shall 
refuse  to  assist  any  Constable  in  the  execution  of  his  office  in  any 
of  the  things  aforementioned,  being  by  him  required  thereto,  they 
shall  pay  for  neglect  thereof  ten  shillings  to  the  use  of  the  Country, 
to  bee  leuyed  by  warrant  from  any  Magistrate  before  whome  any 
such  offender  shall  bee  brought ;  and  if  it  appeare  by  good  testi- 
mony that  any  shall  willfully,  obstinately  or  contemptuously  refuse 
or  neglecte  to  assiste  any  Constable,  as  is  before  expressed,  hee  shall 
pay  to  the  vse  of  the  Country  forty  shillings  ;  and  if  any  Magistrate 
or  Constable,  or  any  other  vppon  vrgent  occasions  shall  refuse  to  doe 
theire  best  indeauor  in  raising  and  prosecuting  Hue  and  Cryes,  by 
foott,  and  if  need  bee,  by  horse,  after  such  as  haue  committed  Capi- 
tall crimes,  they  shall  forfeit  to  the  vse  aforesaid  for  euery  such 
offence,  forty  shillings. 

And  it  is  allso  ordered,  that  the  Constables  in  each  Towne  shall 
bee  chosen  from  yeare  to  yeare  before  the  first  of  March,  and  sworne 
to  that  office  the  next  Courte  following,  or  by  some  Magistrate  or 
Magistrates. 

CONVEYANCES  FRAUDULENT. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  all  Cove- 
nons  or  fraudulent  Alienations  or  Conveyances  of  Lands,  tenements 


CODE     OF     LAWS,  523 

or  any  hereditaments,  shall  bee  of  no  validity  to  defeat  any  man 
from  due  debts  or  legacyes,  or  from  any  just  Title,  clay  me  or  pos- 
session of  that  w''''  is  so  fraudulently  conveyed,  and  that  no  convey- 
ance, deed  or  promise  whatsoeuer  shall  bee  of  validity,  if  it  bee 
gotten  by  illegall  violence,  imprisonment,  threatening  or  any  kinde 
of  forcible  compulsion  caled  Dures. 

CRUELTY- 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  no  man 
shall  exercise  any  tiranny  or  cruelty  towards  any  brute  creatures 
w'**  are  vsually  kept  for  the  vse  of  man. 

[22*]  DAMMAGES     PRETENDED. 

It  is  ordered  by  this  Courte,  that  no  man  in  any  Sute  or  Action 
against  another  shall  falsely  pretend  great  dammages  or  debts,  to 
vexe  his  Adversary  ;  and  if  it  shall  appeare  any  doth  so,  the  Courte 
shall  haue  power  to  sett  a  reasonable  fyne  on  his  head. 

DEATH      VNTIMELY. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  whenso- 
euer  any  person  shall  come  to  any  very  sudden,  vntimely  or  vnnat- 
urall  death,  some  Magistrate  or  the  Constable  of  that  Towne  shall 
forthwith  summon  a  Jury  of  Jury  of  sixe  or  twelue  discreet  men  to 
inquire  of  the  cause  and  manner  of  theire  death,  whoe  shall  pre- 
sent a  true  verdict  thereof  vnto  some  neare  Magistrate  vppon  theire 
oath. 

DELINa  CENTS. 

It  is  ordered,  that  all  persons  hereafter  comitted  vppon  Delinquen- 
cy, shall  beare  the  charges  the  Country  shall  bee  at  in  the  prosecu- 
tion of  them  ;  And  shall  pay  to  the  Ma'  of  the  prison  or  Howse  of 
Correction,  two  shillings  six  pence  before  hee  bee  freed  therefrom. 
Vide  Execution  vppon  Delinquents. 

ECLESEASTICALL. 

Forasmuch  as  the  open  contempt  of  Gods  word,  and  messengers 
thereof,  is  the  desolating  sinne  of  Ciuill  States  and  Churches,  and 
that  the  preaching  of  the  Word  by  those  whome  God  doth  send  is 
the  chiefe  ordinary  meanes  ordained  by  God  for  the  converting, 
edefying  and  sauing  the  soules  of  the  elect,  through  the  presence 
and  power  of  the  Holy  Ghost  therevnto  promised  ;  and  that  the  min- 
istry of  the  Word  is  sett  vp  by   God  in  his  Churches  for  those  holy 


524  CODE      OF      LAWS. 

ends,  and  according  to  the  respect  or  contempt  of  the  same  and  of 
those  whome  God  hath  set  aparte  for  his  owne  worke  and  imploy- 
ment,  the  weale  or  woe  of  all  Christian  States  it  much  furthered 
and  promoated  ; — 

[23*]  It  is  therfore  ordered  and  decreed,  that  if  any  Christian  (so 
called,)  within  this  Jurissdiction  shall  contemptuously  [behave]  him- 
himselfe  towards  the  word  preached  or  the  messengei's  th[ereof,] 
called  to  dispence  the  same  in  any  Congregation,  when  hee  faith- 
fully execute  his  seruice  and  office  therein  according  to  the  will  and 
word  of  God,  either  by  interrupting  him  in  his  preaching,  or  by 
charging  him  falsely  with  an  error  w''*'  hee  hath  not  taught  in  the 
open  face  of  the  Church,  or  like  a  sonne  of  Korah,  cast  vppon  his 
true  doctrine  or  himselfe  any  reproach,  to  the  dishonor  of  the  Lord 
Jesus  whoe  hath  sent  him,  and  to  the  disparagement  of  that  his 
holy  ordinance,  and  making  God's  wayes  contemptible  or  ridiculous, 
that  euery  such  person  or  persons,  (whatsoeuer  censure  the  Church 
may  passe,)  shall  for  the  first  scandall,  bee  convented  and  reproved 
openly  by  the  Magistrate,  at  some  Lecture,  and  bound  to  theire  good 
behauiour :  And  if  a  second  time  they  breake  forth  into  the  like 
contemptuous  carriages,  they  shall  either  pay  fiue  pounds  to  the  pub- 
lique  Treasure,  or  stand  two  houres  openly  vppon  a  block  or  stoole 
foure  foott  high,  vppon  a  Lecture  day,  with  a  paper  fixed  on  his 
breast  written  with  Capital  Letters,  an  open  and  obstinate  con- 
TEMNEU  of  Gods  holy  ordinances,  that  others  may  feare  and  bee 
ashamed  of  breaking  out  into  the  like  wickedness. 

It  is  ordered  and  decreed  by  this  Court  and  Authority  thereof,  that 
wheresoeuer  the  ministery  of  the  word  is  established  according  to  the 
order  of  the  Gospell  throughout  this  Jurissdiction,  euery  person  shall 
duely  resorte  and  attend  therevnto  respectiuely  vppon  the  Lords  day, 
and  vppon  such  publique  fast  dayes  and  dayes  of  Thanksgiuing  as 
are  to  bee  generally  kept  by  the  appointment  of  Authority.  And  if 
any  person  within  this  Jurissdiction  shall  without  just  and  necessary 
cause  withdraw  himselfe  from  hearing  the  publique  ministry  of  the 
word,  after  due  meanes  of  conviction  vsed,  he  shall  forfeit  for  his 
absence  from  euery  such  publique  meeting,  fiue  shillings  :  All  such 
offences  to  bee  heard  and  determined  by  any  one  Magistrate  or  more, 
from  time  to  time. 

Forasmuch  as  the  peace  and  prosperity  of  Churches  and  members 
thereof,  as  well  as  Ciuill  rights  and  Libberties  are  carefully  to  bee 
maintained, — It  is  ordered  by  thisCourte  and  decreed,  that  the  Civill 
Authority  heere  established  hath  power  and  libberty  to  see  the  peace, 


CODE      OF      LAWS.  525 

ordinances  and  rules  of  Christe  bee  obserued  in  euery  Church  ac- 
cording to  his  word  ;  as  allso  to  deale  with  any  Church  member  in  a 
[24*]  way  of  Ciuill  [justice]  ||  notwithstanding  any  Church  relation, 
office  or  interest,  so  it  bee  done  in  a  Ciuill  and  not  in  an  Eclesiasti- 
call  way  :  nor  shall  any  Church  censure  degrade  or  depose  any  man 
from  any  Ciuill  dignitye,  office  or  authority  hee  shall  haue  in  the 
Commonwealth. 

ESCHEATS. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  where  no 
heire  or  owner  of  bowses,  lands,  tennements,  goods  or  chattells  can 
bee  found,  they  shall  bee  seized  to  the  publique  Treasury  till  such 
heires  or  owners  shall  make  due  clayme  therevnto,  vnto  whome  they 
shall  bee  restored  vppon  just  and  reasonable  termes. 

EXECUTIONS. 

Whereas  by  reason  of  the  great  scarcity  of  mony,  Execution  being 
taken  of  seuerall  persons  goods  that  haue  beene  sould  at  very  cheape 
rates,  to  the  extreame  dammage  of  the  Debtor  ; 

It  is  therfore  ordered,  that  whatsoever  Execution  shall  bee  graunted 
vppon  any  debts  made  after  the  publishing  of  this  order,  the  Cred- 
itor shall  make  choyce  of  one  partye,  the  Debtor  of  a  second,  and  the 
Courte  of  a  thirde,  whoe  shall  prise  the  goods  so  taken  vppon  Execu- 
tion aforesaid,  and  deliuer  them  to  the  Creditor, 

EXECUTION    UPPON    DELINaUENTS. 

It  is  ordered,  that  the  Gouerno''  or  any  other  Magistrate  in  this 
Jurissdiction  shall  haue  libberty  and  power  to  call  forth  any  person 
that  hath  beene  publiquely  corrected  for  any  misbehauio',  to  doe  ex- 
ecution vppon  any  person  or  persons  by  whipping  or  otherwise,  and 
that  at  any  time  hereafter  as  occasion  doth  require ;  and  in  case  of 
defect  or  want  of  such,  any  other  person  as  hee  or  they  shall  thinke 
meete. 

FENCES. 

For  the  preventing  of  differences  that  may  arise  in  making  or  set- 
ting downe  of  Fences  as  well  in  meadowes  as  vpland, — 

It  is  ordered,  that  in  the  setting  of  posts  and  rayles  or  hedges  in 
the  meadow  and  homelotts,  there  shall  bee  a  libberty  for  either  partye 
of  twelue  inches  from  the  dividend  lyne,  for  breaking  of  the  ground 
to  sett  the  posts  on,  [or]  for  the  laying  on  the  hedge  ;  but  the  stakes 
and  postes  are  to  bee  sett  in  the  devident  lyne  ;  and  in  vpland  there 
is  allowed  a  libberty  of  foure  foott  for  a  ditch  from  the  devidend 


526  CODE     OF      LAWS. 

[25*]  lyne   for  either  of  the   bordering  partyes   where  the  propor- 
lion  of  Fences  belongs  vnto  them.* 

F  Y  N  E  S  . 

It  is  ordered  by  this  Courte,  that  the  Estreits  [for]  the  levying  of 
Fynes  shall  goe  forth  once  euery  yeare,  both  in  the  Townes  on  the 
Riuer  and  by  [the]  seaside,  and  that  some  officer  in  each  place  shall 
bee  appointed  to  levye  and  receiue  the  same,  [and]  the  Acco^'  to  bee 
giuen  in  by  the  severall  plantations  of  theire  generall  charge,  at  the 
Courte  in  September,  for  the  perfecting  of  the  Acco'^  betwixt  them : 
Mr.  Ludlow  is  desiered  to  graunt  out  Warrants  for  the  Fynes  by 
the  seaside. t 

F  Y  R  E  . 

It  is  ordered  by  this  Courte  and  the  Authority  thereof,  that  who- 
soeuer  shall  kindle  any  fire,  in  woods  [or]  grounds  lying  in  common 
or  inclosed,  so  as  the  same  shall  runn  into  such  Corne  grounds  or 
Inclosures,  before  the  tenth  of  the  first  month,  or  after  the  last  of  the 
second  month,  or  on  the  last  day  of  the  weeke,  or  on  the  Lords  day, 
shall  pay  all  damages,  and  halfe  so  much  for  a  fyne ;  or  if  not  able 
to  pay,  then  to  bee  corporally  punnished,  by  a  warrant  from  one 
Magistrate  or  more,  as  the  offence  shall  deserue,  not  exceeding 
twenty  stripes  for  one  offence ;  provided,  that  any  man  may  kindle 
fyre  vppon  his  owne  ground  at  any  time,  so  as  no  dammage  come 
thereby,  either  to  the  Country  or  to  any  perticular  person.  And 
whosoeuer  shall  wittingly  and  willingly  burne  or  destroy  any  frame, 
timber  hewne,  sawne,  or  riuen,  heapes  of  wood,  charcoale,  corne, 
hay,  strawe,  hempe,  fiaxe,  pitch  or  tarr,  hee  shall  pay  double 
dammages. 

FORGERIE. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  if  any 
person  shall  forge  any  Debt:]:  or  Conveyance,  Testament,  Bond,  Bill, 
release,  acquittance.  Letter  of  Attorneye,  or  any  writing  to  prevent 
equitye  and  justice,  hee  shall  stand  in  the  Pillorye  three  severall 
Lecture  dayes,  and  render  double  damages  to  the  partye  wronged, 
and  allso  bee  disabled  to  giue  any  evidence  or  verdict  to  any 
Courte  or  Magistrate. 

•June  3d,  1644.  (p.  105.)    The  accidental  substitution  of  on,  for  or,  was  made  in  trans- 
cribing tliis  order  for  tlie  code  of  1650,  and  is  followed  in  the  printed  revision  of  1673. 
TMay  25tb,  1647.    p.  151,  JDeedl 


CODE      OF      LAWS.  527 

[26*]  FORNICATION. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  if  any  man 
shall  committ  fornication  with  any  single  woman,  they  shall  bee 
punished  either  by  inioyning  to  marriage,  or  fyne,  or  corporall  pun- 
nishment,  or  all  or  any  of  these,  as  the  Courte  or  Magistrates  shall 
appoint,  most  agreeable  to  the  word  of  God. 

GAMING. 

Vppon  complaint  of  great  disorder  by  the  vse  of  the  Game  called 
Shuffle  Board,  in  bowses  of  Common  Interteinement,  whereby  much 
precious  time  is  spent  vnfruitfully  and  much  waste  of  Wyne  and 
Beare  occasioned, — 

It  is  therefore  ordered  and  enacted  by  the  Authority  of  this  Courte, 
that  no  person  shall  henceforth  vse  the  said  Game  of  Shuffle  Board, 
in  any  such  howse,  nor  in  any  other  bowse  vsed  as  Common  for  such 
purpose,  vppon  payne  for  euery  keeper  of  such  howse  to  forfeitt  for 
euery  such  offence  twenty  shillings ;  and  for  euery  person  playing 
at  the  said  Game  in  any  such  howse  to  forfeitt  for  euery  such  offence 
fine  shillings.  The  like  penalty  shall  bee  for  playing  in  any  place 
at  any  vnlawfuU  game. 

GUARDS      AT     MEETING. 

It  is  ordered  by  this  Courte,  that  there  shall  bee  a  Guard  of  twenty 
men,  euery  Saboath  and  Lecture  day,  compleat  in  theire  Armes,  in 
each  severall  Towne  vppon  the  Riuer  ;  and  at  Seabrooke  and  Farm- 
ington,  eight  a  peece  ;  each  Towne  vppon  the  seaside  in  this  Juriss- 
diction,  ten  ;  and  as  the  number  of  men  increase  in  the  Townes, 
theire  Guards  are  to  increase.* 

And  it  is  further  ordered,  that  each  man  in  the  Guards  aforesaid 
shall  bee  allowed  halfe  a  pound  of  powder  yearly,  by  their  seuerall 
Townes. f 

HIGHE     VTAYES. 

Whereas  the  mainteineing  of  high  wayes  in  a  fitt  posture  for 
passage  according  to  the  severall  occassions  thatoccurre,  is  not  onely 
necessary  for  the  comfort  and  safety  of  man  and  beast,  but  tends  to 
the  proffitt  and  advantage  of  any  people,  in  the  issue, — 

It  is  thought  fitt  and  ordered,  that  each  Towne  within  this  Juriss- 
diction  shall  euery  yeare  chuse  one  or  two  of  theire  inhabitants  as 

•Way 20th,  1647.  p.  150. 

t  Oct.  9th,  1650.  (p.  212.)  This  order  was  made  subsequently  to  the  adoption  of  thecode» 
and  inserted  under  its  proper  title  by  the  Secretary. 


528  CODE      OF      LAWS. 

Surveyors,  to  take  care  of,  and  ouersee  the  mending  and  repairing 
of  the  High  wayes  within  theire  severall  Townes  respectiuely,  whoe 
haue  hereby  power  allowed  them  to  call  out  the  severall  cartes  or 
[27*]  persons  fitt  for  labour  in  each  Towne,  ||  two  dayes  at  least  in 
each  yeare,  and  so  many  [more]  as  in  his  or  theire  judgements  shall 
bee  found  necessary  for  the  attaining  of  the  aforementioned  end,  to 
bee  directed  in  theire  worke  by  the  said  surveyor  or  surveyors,  and 
it  is  left  to  his  or  theire  libberties  either  to  require  the  labour  of  the 
severall  persons  in  any  familye,  or  of  a  teame  and  one  person,  where 
such  are,  as  hee  finds  most  advantageous  to  the  publique  occasions, 
hee  or  they  giuing  at  least  three  dayes  notice  or  warning  before  hand 
of  such  imployment ;  and  if  any  refuse  or  neglect  to  attend  the  ser- 
vice in  any  manner  aforesaid,  hee  shall  forfeit  for  euery  dayes  neg- 
lect of  a  mans  worke,  two  shillings  sixpence,  and  of  a  Teame,  sixe 
shillings,  which  said  fynes  shall  bee  imployed  by  the  Surveyors  to 
hire  others  to  worke  in  the  said  wayes ;  And  the  Surveyors  shall 
within  foure  dayes  after  the  severall  dayes  appointed  for  worke,  de- 
liuer  in  to  some  Magistrate  a  true  presentment  of  all  such  as  haue 
beene  defectiue,  with  their  severall  neglects,  who  are  immediately 
to  graunt  a  distresse  to  the  Marshall  or  Constable,  for  the  levying  of 
the  incurred  forfeiture,  by  them  to  bee  deliuered  to  the  Surveyors  for 
the  vse  aforesaid.  And  if  the  Surveyor  neglect  to  performe  the  ser- 
vice hereby  comitted  to  him,  either  in  not  calling  out  all  the  inhabit- 
ants in  theire  severall  proportions  as  before,  or  shall  not  returne  the 
names  of  those  that  are  deficient,  hee  shall  incurr  the  same  penalty e 
as  those  whome  hee  so  passes  by  are  lyable  to  by  vertue  of  this  order, 
w"**  shall  bee  imployed  to  the  vse  aforesaid,  and  to  bee  levyed  allso 
by  distress  vppon  information  and  proofe  before  anyone  Magistrate.* 

I  D  L  E  N  E  S  . 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  no  person, 
howseholder  or  other,  shall  spend  his  time  idlely  or  vnproffitably, 
vnder  paine  of  such  punnishment  as  the  Courte  shall  thinke  meet  to 
inflict :  and  for  this  end,  It  is  ordered,  that  the  Constable  of  euery 
place  shall  vse  speciall  care  and  dilligence  to  take  knowledge  of 
offendors  in  this  kinds,  especially  of  common  Coasters,  vnproffitable 
fowlers,  and  Tobacko  takers,  and  present  the  same  vnto  any  Magis- 
trate, who  shall  haue  power  to  heare  and  determine  the  case  or  trans- 
ferr  it  to  the  [next]  Courte. 

*  An  order  for  the  appointment  of  Surveyors  of  highways  in  the  several  towns,  and  impow- 
eringthem  to  call  out  persons  and  teams,  was  passed  July  5th,  1643.     (p.  91 ) 


CODE     OP     LAWS.  529 

[28*]  INDIANS. 

It  is  ordered  and  decreed,  that  where  any  company  of  Indians  doe 
sitt  dovvne  neare  any  English  plantations,  that  they  shall  declare 
whoe  is  theire  Sachem  or  Chiefe,  and  that  the  said  Cheife  or  Sachem 
shall  pay  to  the  saide  English  such  tresspasses  as  shall  be  comitted 
by  any  Indian  in  the  said  plantation  adioyning,  either  by  spoyling  or 
killing  any  Cattle  or  Swyne,  either  with  trapps,  doggs  or  arrowes : 
And  they  are  not  to  pleade  that  it  was  done  by  strangers,  vnless  they 
can  produce  the  partye  and  deliuer  him  or  his  goods  into  the  custody 
of  the  English :  And  they  shall  pay  the  double  dammage  if  it  were 
done  voluntarily.*  The  like  ingagement  this  Courte  allso  makes  to 
them  in  case  of  wrong  or  iniurye  done  to  them  by  the  English,  w"*" 
shall  bee  paid  by  the  partye  by  whome  it  was  done,  if  hee  can  bee 
made  to  appeare,  or  otherwise  by  the  Towne  in  whose  limmitts  such 
facts  are  committed. 

Forasmuch  as  o''  lenity  and  gentlenes  towards  Indians  hath  made 
them  growe  bold  and  insolent,  to  enter  into  Englishmens  bowses, 
and  vnadvisedly  handle  swords  and  peeces  and  other  instruments, 
many  times  to  the  hazzard  of  limbs  or  Hues  of  English  or  Indians, 
and  allso  oft  steale  diuerse  goods  out  of  such  bowses  where  they 
resorte  ;  for  the  preventing  whereof.  It  is  ordered,  that  whatsoeuer 
Indian  shall  hereafter  meddle  with  or  handle  any  English  mans 
weapons,  of  any  sorte,  either  in  theire  bowses  or  in  the  feilds,  they 
shall  forfeitt  for  euery  such  defaulte  halfe  a  fathom  of  wampum ; 
and  if  any  hurte  or  injurye  shall  therevppon  follow  to  any  persons 
life  or  limbe,  (though  accidentall,)  they  shall  pay  life  for  life,  limbe 
for  limbe,  wound  for  wound,  and  shall  pay  for  the  healing  such 
wounds  and  other  dammages.  And  for  anythinge  they  steale,  they 
shall  pay  double,  and  suffer  such  further  punnishment  as  the  Magis- 
trates shall  adiudge  them.  The  Constable  of  any  Towne  may  at- 
tache and  arrest  any  Indian  that  shall  transgress  in  any  such  kinde 
beforementioned  ;  and  bring  them  before  some  Magistrate,  whoe  may 
execute  the  penalty  of  this  order  vppon  offendors  in  any  kinde  ex- 
'Oept  life  or  limbe ;  and  any  person  that  doth  see  such  defaults  may 
[29*]  prosecute,  and  ||  shall  haue  halfe  the  forfeiture. f 

it  is  ordered  by  this  Courte  and  Authority  thereof,  that  no 
"mail  within  this  Jurissdiction  shall,  directly  or  indirectly,  amend, 
rejpaire,  or  cause  to  bee  amended  or  repaired,  any  gunn,  small  or 
great,  belonging  to  any  Indian,  nor  shall  indeauo'  the  same ;  nor 

•  Thus  far,  ordered,  Apr.  5th,  1638.  p,  19.  t  June  11th,  1640.    p.  52. 

46 


530  CODE      OF      LAWS. 

shall  sell  nor  giue  to  any  Indian,  directly  or  indirectly,  any  such 
gunn,  nor  any  gunpowder,  or  shott,  or  lead,  or  shott  mould,  or  any 
millitary  weapon  or  weapons,  armor,  or  arrowe  heads ;  nor  sell  nor 
barter  nor  giue  any  dogg  or  doggs,  small  or  great ;  vppon  paine  of 
ten  pounds  fyne  for  euery  ofrence,  at  least,  in  any  one  of  the  afore- 
mentioned perticulars  ;  and  the  Courte  shall  haue  power  to  increase 
the  fyne,  or  to  impose  corporall  punnishment  where  a  fyne  cannott 
bee  had,  at  theire  discretion.* 

And  it  is  allso  ordered,  that  no  person  nor  persons  shall  trade  with 
them  at  or  about  theire  wigwams,  but  in  theire  vessells  or  pinnaces, 
or  at  theire  owne  bowses,  vnder  penalty  of  twenty  shillings  for  each 
default. f 

Whereas,  It  doth  appeare  that  notwithstanding  the  former  Lawes 
made  against  selling  gunns  and  powder  to  Indians,  they  are  yet  sup- 
plyed  by  indirect  meanes.  It  is  therfore  ordered  and  declared,  that 
if  any  person  after  publishing  of  this  order  shall  sell,  barter  or  trans- 
porte  any  gunns,  powder,  bullitts  or  lead  to  any  person  inhabiting 
out  of  this  Jurissdiction,  without  license  of  this  Courte,  or  from  some 
two  Magistrates,  hee  shall  forfeit  for  euery  gunn  ten  pounds,  for 
euery  pound  of  gunpowder  fine  pounds,  for  euery  pound  of  bullitts 
or  lead  forty  shillings,  and  so  proportionably  for  any  greater  or  lesser 
quantity^;  provided  notwithstanding,  that  [it]  is  left  to  the  judgment 
of  the  Courte,  that  where  any  offence  is  committed  against  the  said 
order,  either  to  agravate  or  lessen  the  penalty,  according  as  the  na- 
ture of  the  offence  shall  require. 

Whereas  diuerse  persons  departe  from  amongst  vs,  and  take  vp 
theire  aboade  with  the  Indians,  in  a  prophane  course  of  life  ;  for  the 
preventing  whereof, 

It  is  ordered  that  whatsoeuer  person  or  persons  that  now  inhabiteth, 
or  shall  inhabitt  within  this  Jurissdiction,  and  shall  departe  from  vs 
and  settle  or  joine  with  the  Indians,  that  they  shall  suffer  three 
yeares  imprisonment  at  least,  in  the  Howse  of  Correction,  and  vnder- 
goe  such  further  censure,  by  fyne  or  corporall  punishment,  as  the 
perticular  Courte  shall  judge  meete  to  inflict  in  such  cases. § 

[30*]     Whereas  the   French,  Dutch   and  other  Forraigne  Nations 

*  Dec.  18th,  1642, — except  the  clause  "nor  sell  &c.  any  dogg  or  doggs,  small  or  great,"  which 
was  added  subsequently,     pp.  79,  80. 
t  Oct.  12th,  1043.     p.95. 

JDec.  18th,  1642.    p.  80.    The  proviso  was  added  subsequently. 
$  Dec.  1642.    p.  78. 


CODEOFLAVVS.  531 

doe  ordinarily  trade  gunns,  powder,  shott  etc.  with  the  Indians,  to 
o""  great  preiudice,  and  the  strengthening  and  animating  of  the  Indians 
against  vs,  as  by  dayly  experience  wee  finde ;  and  whereas  the 
aforesaid  French,  Dutch  etc.  doe  prohibitt  all  trade  with  the  Indians 
within  theire  respectiue  Jurissdictions  vnder  penalty  of  confiscation  ; 
It  is  therfore  hereby  ordered  by  this  Courte  and  Authority  thereof, 
that  after  due  publication  hereof,  it  shall  not  bee  lawfull  for  any 
Frenchmen,  Dutchmen,  or  person  of  any  other  forraigne  nation,  or 
any  English  liuing  amongst  them  or  vnder  the  gouernmen'  of  them, 
or  any  of  them,  to  trade  with  any  Indian  or  Indians  within  the  lim- 
mitts  of  this  Jurissdiction,  either  directly  or  indirectly,  bythemselues 
or  others,  vnder  penalty  of  confisscation  of  all  such  goods  and  ves- 
sells  as  shall  bee  found  so  trading,  or  the  due  value  therof,  vppon 
just  proofe  made  of  any  goods  or  any  vessells  so  trading  or  traded  : 
And  it  shall  bee  lawfull  for  any  person  or  persons  inhabiting  within 
this  Jurissdiction,  to  make  seizure  of  any  such  goods  or  vessells  tra- 
ding with  the  Indians  as  by  this  law  is  prohibited,  the  one  halfe 
whereof  shall  bee  to  the  propper  vse  and  benefitt  of  the  partye  seiz- 
ing, and  the  other  to  the  publique.* 

This  Courte,  judging  it  necessary  that  some  meanes  should  bee 
vsed  toconuey  the  lighte  and  knowledge  of  God  and  of  his  Wordeto 
the  Indians  and  Natiues  amongst  vs,  doe  order  that  one  of  the  teach- 
ing Elders  of  the  Churches  in  this  Jurissdiction,  with  the  helpe  of 
Thomas  Stanton,  shall  bee  desired,  twise  at  least  in  every  yeare,  to 
goe  amongst  the  neighbouring  Indians  and  indeauo"  to  make  knowne 
to  them  the  Councells  of  the  Lord,  and  thereby  to  draw  and  stirr 
them  vp  to  direct  and  order  all  theire  wayes  and  conversations  ac- 
cording to  the  rule  of  his  Worde  :  And  Mr.  Gouerno'  and  Mr.  Dep- 
uty, and  the  other  Magistrates  are  desired  to  take  care  to  see  the 
thinge  attended,  and  with  theire  owne  presence  so  farr  as  may  bee 
convenient,  incourage  the  same. 

This  Courte  hauing  duly  weighed  the  joint  determination  and  ar- 
gument of  the  Commissioners  of  the  United  English  Colonyes  at 
New  Hauen,  in  Anno  1646,  in  reference  to  the  Indians,  and  judging 
it  to  bee  both  according  to  rules  of  prudence  and  righteousness,  doe 
fully  assent  therevnto,  and  order,  that  it  bee  recorded  amongst  the 
[31*]  Acts  of  this  Courte,  ||  and  attended  in  future  practice  as  occas- 
sions  may  present  and  require :  The  said  conclusion  is  as  fol- 
loweth  ; — 

*  Passed,  Sept.  18th,  1649,  upon  the  recommendation  of  the  Comm'rs  of  the  U.  Colonies. 
.  197. 


532  CODE      OF     LAWS. 

The  Comissioners  sei'iously  considering  the  many  willfull  wrongs 
and  hostile  practices  of  the  Indians  against  the  English,  together  with 
theire  interteineing,  protecting  and  rescuing  of  offendors,  as  late  our 
experience  sheweth,  (w"*"  if  suffered,  the  peace  of  the  Colonyes  cannot 
bee  secured,)^  It  is  therfore  concluded,  that  in  such  cases  the  Magis- 
.ratesofany  of  the  Jurissdictions  may,  at  the  charge  of  the  Plaintiff, 
;end  some  convenient  strength  of  English,  and  according  to  the  na- 
ure  and  value  of  the  offence  and  damage,  seize  and  bring  away  any 
)f  that  plantation  of  Indians  that  shall  interteine,  protect  or  rescue 
.he  offendor,  though  it  should  bee  in  another  Jurissdiction,  when 
,hrough  distance  of  place,  commission  or  direction  cannott  bee  had, 
after  notice  and  due  warning  giuen  them,  as  actors,  or  at  least  access- 
ary to  the  iniurye  and  damage  done  to  the  English  :   onely  women 
and  children  to  bee  sparingly  seized,  vnless  knowne  to  bee  some  way 
guilty.     And  because  it  will  bee  chargeable  keeping  Indians  in  pris- 
on, and  if  they  should  escape  they  are  like  to   prove  more  insolent 
and  dangerous  after,  It  was  thought  fitt  that  vppon  such  seizure,  the 
delinquent  or  satisfaction  bee  againe  demaunded  of  the  Sagamore  or 
plantation  of  Indians  guilty  or  accessary  as  before;  and  if  it  bee  de- 
ayed,  that  then  the  Magistrates   of  the  Jurissdiction   deliuer  vp  the 
Indian  seized  to  the  party  or  partyes  endammaged,  either  toserue  or 
£0  bee  shipped  out  and  exchanged  for  neagers,  as  the  case  will  justly 
beare.     And  though  the  Comissioners  foresee  that  such  severe  though 
just  proceeding   may  provoake  the   Indians  to  an  vniust  seizing  of 
some  of  ours,  yet  they  could   not  at  present  finde  no  better  meanes 
to  preserue  the  peace  of  the  Colonyes,  all   the  aforementioned  out- 
rages and  insolences  tending  to  an  open   warr  :  Onely  they  thought 
fitt  that  before  any  such  seizure  bee  made   in  any  plantation  of  In- 
dians, the  ensuing  Declaration   bee   published,   and  a  Coppye  giuen 
to  the  perticular  Saggamores  : 

The  Commissioners  for  the  Vnited  Colonyes,  considering  how 
peace  with  righteousnes  may  bee  preserued  betwixt  all  the  English 
and  the  severall  plantations  of  the  Indians,  thought  fitt  to  declare 
and  publish,  as  they  will  doe  no  iniurye  to  them,  so  if  any  Indian 
[32*]  or  Indians  of  what  plantation  so  euer,  doe  any  willfull  dam- 
mage  to  any  of  the  English  Colonyes,  vppon  proofe,  they  will  in  a 
peaceable  way  require  just  satisfaction,  according  to  the  nature  of 
the  offence  and  dammage.  But  if  any  Saggamore  or  plantation  of 
Indians,  after  notice  and  due  warninge,  interteine,  hyde,  protect, 
keepe,  conuey  away  or  further  the  escape  of  any  such  offendor  or 
offendors,   the  English  will  require   satisfaction  of  such  Indian  and 


CODE      OF     LAWS.  533 

Saggamore  or  Indian  plantation  ;  and  if  they  deny  it,  they  will  right 
themselues  as  they  may,  vppon  such  as  so  meinteine  them  that  doe 
the  wrong,  keeping  peace  and  all  tearmes  of  Amity  and  Agreement 
with  all  other  Indians. 

INKEEPERS. 

Forasmuch  as  there  is  a  necessary  vse  of  howses  of  Common  In- 
terteinement  in  euery  Common  wealth,  and  of  such  as  retaile  wine, 
beare  and  victualls,  yet  because  there  are  so  many  abuses  of  that 
lawfull  libberty,  both  by  persons  interteining  and  persons  interteined, 
there  is  allso  need  of  strict  lawes  and  rules  to  regulate  such  an  im- 
ployment ; 

It  is  therefore  ordered  by  ihis  Courte  and  Authority  thereof,  that 
no  person  or  persons  licensed  for  Common  Interteinement  shall  suffer 
any  to  bee  drunken  or  drinke  excessiuely,  vfz:  aboue  halfe  a  pinte 
of  wyne  for  one  person  at  one  time,  or  to  continue  tipling  aboue  the 
space  of  halfe  an  houre,  or  at  vnseasonable  times,  or  after  nine  of 
the  clock  at  night,  in  or  about  any  of  theire  howses,  on  penalty  of 
fiue  shillings  for  euery  such  offence.  And  euery  person  found 
drunken,  viz:  so  that  hee  bee  thereby  bereaued  or  dissabled  in  the 
vse  of  his  vnderstanding,  appearing  in  his  speech  or  gesture,  in  any 
of  the  saide  howses  or  elsewhere,  shall  forfeitt  ten  shillings ;  and  for 
excessiue  drinking,  three  shillings,  foure  pence ;  and  for  continnu- 
ing  aboue  halfe  an  houre  tipling,  two  shillings  six  pence ;  and  for 
tipling  at  vnseasonable  times,  or  after  nine  a  clock  at  night,  fiue 
shillings,  for  euery  offence  in  these  perticulars,  being  lawfully  con- 
victed thereof;  and  for  want  of  payment,  such  shall  bee  imprisoned 
vntill  they  pay,  or  bee  set  in  the  stocks,  one  houre  or  more,  in  some 
open  place,  as  the  weather  will  permitt,  not  exceeding  three  houres 
at  one  time  :  Provided  notwithstanding,  such  licensed  persons  may 
interteine  seafaring  men  or  land  trauellers  in  the  night  season  when 
they  come  first  on  shoare,  or  from  theire  journye,  for  theire  necessary 
[33*]  refreshment,  or  when  they  prepare  for  ||  theire  voyage  or 
journeye  the  next  day  early,  [if  there]  bee  no  dissorder  amongst 
them  ;  and  allso  strangers  and  other  persons  in  an  orderly  way  may 
continnue  [in]  such  howses  of  Common  Interteinement  during 
m[eal]  times  or  vpponJawfuU  buisines,  what  time  their  occassions 
shall  require.* 

And  it  is  also  ordered  that  if  any  person  offend  in  drunkenes,  ex- 

•  Some  of  the  provisions  of  this  section  are  included,  in  substance,  in  the  order  of  May  25th, 
1647. 

46* 


534  CODE      OF     LAWS. 

cessiue  or  long  drinking,  the  second  time  they  shall  pay  double 
fynes:  And  if  they  fall  into  the  same  offence  the  third  time,  they 
shall  pay  treble  fynes  :  And  if  the  parties  bee  not  able  to  pay  theire 
fynes,  then  hee  that  is  found  drunke  shall  bee  punnished  by  whip- 
ping to  the  number  of  ten  stripes,  and  hee  that  offends  by  excessiue 
or  long  drinking,  shall  bee  put  into  the  stocks  for  three  houres, 
when  the  weather  may  not  hazzard  his  life  or  limbs  ;  and  if  they 
offend  the  fourth  time  they  shall  bee  imprisoned  vntill  they  put  in 
two  sufficient  sureties  for  theire  good  behauiour. 

And  It  is  further  ordered,  that  the  severall  Townes  vppon  the 
Riuer  within  this  Jurissdiction,  shall  provide  amongst  themselues  in 
each  Towns,  one  suffitient  Inhabitant  to  keepe  an  Ordinary,  for  pro- 
vision and  lodging  in  some  comfortable  manner,  Ihat  passengers  or 
strangers  may  know  where  to  resorte.  And  such  inhabitants  as  by 
the  seuerall  Townes  shall  bee  chosen  for  the  said  service  shall  bee 
presented  to  two  Magistrates,  that  they  may  bee  judged  meete  for 
that  imployment.  And  this  to  bee  effected  by  the  severall  Townes 
within  one  month,  vnder  the  penalty  of  forty  shillings  a  month  for 
each  month  that  either  Towne  shall  neglect  the  same.* 

And  It  is  allso  further  ordered,  that  euery  Inkeeper  or  Victualler 
shall  prouide  for  interteinement  of  strangers  horses,  viz:  one  or  more 
inclosures  for  summer,  and  hay  or  provender  for  winter,  with  con- 
venient stable  roome  and  attendance,  vnder  penalty  of  two  shillings 
sixpence  for  euery  dayes  default  and  double  dammage  to  the  party e 
thereby  wronged,  except  it  bee  by  inevitable  accident. 

Lastly,  It  is  ordered  by  the  Authority  aforesaid,  that  all  Consta- 
bles may  and  shall,  from  time  to  time,  duely  make  search  through- 
[34*]  out  the  limmitts  of  their  Townes,  ||  vppon  Lord's  dayes  and 
Lecture  dayes,  in  times  of  exercise,  and  allso  at  all  other  times  so 
oft  as  they  shall  see  cause,  for  all  offences  and  offenders  against  this 
Law  in  any  the  perticulars  thereof:  And  if  vppon  due  information  or 
complaint  of  any  of  theire  Inhabitants  or  other  credible  persons, 
whether  Tauerner,  Victualler,  Tabler,  or  other,  they  shall  refuse  to 
make  search  as  aforesaid,  or  shall  not  to  theire  power  performe  all 
other  things  belonging  to  theire  place  or  office  of  Constableship,  then 
vppon  complaint  and  due  proofe  before  any  one  Magistrate,  within 
three  months  after  such  refusall  or  neglect,  they  shall  bee  fyned  for 
euery  such  offence  ten  shillings,  to  bee  levied  by  the  Marshall  as  in 
other  cases,  by  Warrant  from  such  Magistrate  before  whome  they 

*  June  3d,  1644.    p.  103. 


CODE     OF     LAWS.  535 

are  convicted,  or  Warrant  fronm  the  Treasurer  vppon  notice  from 
such  Magistrate. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  no  Inkeep- 
er,  Victualer,  Wine  drawer,  or  other,  shall  deliuer  any  Wyne,  nor 
suffer  any  to  bee  deliuercd  out  of  his  howse,  to  any  w"''  come  for  it, 
vnles  they  bring  a  noate  vnder  the  hand  of  some  one  master  of  some 
familye  and  allowed  Inhabitant  of  that  Towne  ;  neither  shall  any  of 
them  sell  or  draw  any  hott  water  to  any  but  in  case  of  necessitye, 
and  in  such  moderation  for  quantity  as  they  may  haue  good  grounds 
to  conceaue  it  may  not  bee  abused ;  and  shall  bee  ready  to  giue  an 
account  of  theire  doings  herein,  when  they  are  called  thereto,  vnder 
censure  of  the  Courte  in  case  of  delinquency. 

INDITEMENTS. 

If  any  person  shall  bee  indicted  of  any  Capitall  crime  (whoe  is 
not  then  in  durance,)  and  shall  refuse  to  render  his  person  to  some 
Magistrate  within  one  month  after  three  proclamations  publiquely 
made  in  the  Towne  where  hee  vsually  abides,  there  being  a  month 
betwixt  proclamation  and  proclamation,  his  lands  and  goods  shall  bee 
seized  to  the  vse  of  the  Common  Treasury,  till  hee  make  his  lawfull 
appearance,  and  such  withdrawing  of  himselfe  shall  stand  in  stead 
of  one  wittnes  to  prooue  his  crime,  vnless  hee  can  make  it  appears 
to  the  Courte  that  hee  was  necessarily  hindred. 

[35*]  JURYES     AND     JURORS. 

*  It  is  ordered  by  the  Authority  of  this  Courte,  that  in  all  cases 
w"*"  are  entred  vnder  forty  shillings,  the  sute  shall  bee  left  to  bee 
tryed  by  the  Courte  of  Magistrates  as  they  shall  judge  most  agreeable 
to  equity  and  righteousnes.  And  in  all  cases  that  are  tryed  by 
Juries,  It  is  left  to  the  Magistrates  to  impannell  a  Jury  of  sixe  or 
twelue,  as  they  shall  judge  the  nature  of  the  case  shall  require ;  and 
if  four  of  sixe,  or  eight  of  twelue,  agree,  the  verdict  shall  bee  deemed 
to  all  intents  and  purposes  sufficient  and  full;  vppon  w"""  judgement 
may  bee  entred  and  execution  graunted,  as  if  they  had  all  concur- 
red ;  but  if  it  fall  out  that  there  bee  not  such  a  concurrence  as  is 
before  mentioned,  the  Jurors  shall  returne  the  case  to  the  Courte 
with  theire  reasons,  and  a  speciall  verdict  is  to  bee  drawne  there- 
vpon,  and  the  voate  of  the  greater  number  of  Magistrates  shall  carrye 
the  same ;  and  the  judgement  to  bee  entred  and  other  proceedings 
as  in  case  of  a  verdict  by  a  Jury. 

•  [In  margin,]  "  In  old  Book,  Feb:  5,  '44."    See  p.  118,  ante. 


536  CODE      OF      LAWS. 

And  it  is  further  ordered,  that  the  Courte  of  Magistrates  shall 
haue  libbertye  (if  they  doe  not  find  in  iheir  judgements,  the  Jury  to 
haue  attended  the  euidence  giuen  in,  and  true  issue  of  the  case,  in 
theire  verdict,)  to  cause  them  to  returne  to  a  second  consideration 
thereof;  and  if  they  still  persist  in  theire  former  opinion,  to  the  dis- 
satisfaction of  the  Courte,  it  shall  bee  in  the  power  of  the  Courte  to 
impannell  another  Jurye,  and  committ  the  consideration  of  the  case 
to  them.  And  it  is  allso  left  in  the  power  of  the  Courte  to  varye  and 
alitor  the  dammages  giuen  in  by  any  Jurye,  as  they  shall  judge  most 
equall  and  righteous,  prouided,  that  what  allteration  shall  at  any 
time  bee  made  in  that  kind,  bee  done  in  open  Courte,  before  Plaintiff 
and  Defendant,  or  Affidauitt  made  that  they  haue  beene  required  to 
bee  present,  and  that  allteration  w"*"  is  made  bee  done  either  the  same 
Courte,  or  provision  made  to  secure  the  verdict  of  the  Jury  vntil  the 
case  bee  fully  issued.  And  whereas  many  persons,  after  theire 
seuerall  causes  in  Courte  haue  beene  tryed  and  issued,  haue  slipt 
away  or  otherwise  neglected,  if  not  refused,  to  pay  the  charges  of 
the  Courte,  according  to  order  ;  for  preventing  thereof  for  the  future. 
It  is  ordered,  that  whosoeuer  shall  haue  any  action  or  sute  in  Courte, 
after  the  publishing  hereof,  shall,  as  soone  as  his  cause  is  issued  pay 
[36*]  the  whole  charges  of  the  Courte,  that  concernes  either  Jury 
or  Secretary,  before  hee  departesthe  same.  And  the  like  allso  shall 
bee  done  by  all  those  whose  Actions  are  not  taken  vp,  and  with- 
drawne  before  the  sitting  of  the  Courte  wherein  they  were  to  bee 
tryed;  or  otherwise,  for  neglect  or  non  performance  of  either,  bee 
committed  to  prison,  there  to  remaine  till  hee  or  they  haue  satisfied 
the  same. 

GRAND     JURY, 

It  is  ordered  and  decreed,  that  there  shall  bee  a  Grand  Jury  of 
twelue  or  fourteene  able  men  warned  to  appeare  euery  Courte 
yearely  in  Septemb',  or  as  many  and  oft  as  the  Gouerno''  or  Courte 
shall  thinke  meete,  to  make  presentment  of  the  breaches  of  any 
Lawes  or  orders  or  any  other  misdemeanors  they  shall  know  of  in 
this  Jurissdiction.* 

lands;    free    lands. 
It  is  ordered,  and  by  this  Courte  declared,   that  oure  Lands  and 
Heritages  shall  bee  free  from  all  fynes  and  lycenses  vppon  Aliena- 
tions, and  from  all  Harriotts,  Wardships,   Liveries,   Primer  seizins, 

*  July  5th,  1643.    p.  91. 


CODE     OF     LAWS.  537 

yeare,  day  and  waste,  escheats  and  forfeitures  vppon  the  death  of 
parents  or  ancestors,  bee  they  naturall,  vnnaturall,  casuall  or  judi- 
tiall,  and  that  for  euer.* 

LE  V  Y  ES. 

Forasmuch  as  the  Marshalls  and  other  officers  haue  complained 
to  this  Courte  that  they  are  oftentimes  in  great  doubt  how  to  demeane 
themselues  in  the  execution  of  theire  offices; 

It  is  ordered  by  the  Authority  of  this  Courte,  that  in  case  of  fynes 
and  assessments  to  be  levyed,  and  vppon  execution  in  Civill  Actions, 
the  officer  shall  demaund  the  same  of  the  party  or  at  his  howse  and 
place  of  vsuall  aboade  ;  and  vppon  refusall  or  non  payment,  hee  shall 
haue  power  (calling  the  Constable,  if  hee  see  cause  for  his  assist- 
ance,) to  breake  open  the  dore  of  any  howse,  chest  or  place  where 
hee  shall  haue  notice  that  any  goods  lyable  to  such  Levye  or  Execu- 
tion shall  bee  ;  and  if  hee  bee  to  take  the  person,  hee  may  doe  the 
like,  if  vppon  demaund  hee  shall  refuse  to  render  himselfe ;  and 
whatsoeuer  charges  the  officer  shall  necessarily  bee  put  vnto,  vppon 
[37*]  any  such  occassion,  |j  hee  shall  haue  power  to  levye  the  same 
as  hee  doth  the  debt,  fyne  or  execution  ;  and  [if]  the  officer  shall 
leuye  any  such  goods  vppon  execution  as  cannott  bee  conuayed  to 
the  place  where  the  party  dwells  for  whome  such  execution  shall 
bee  leuyed,  without  considerable  charge,  hee  shall  leuye  the  said 
charge  allso  with  the  execution.  The  like  order  shall  bee  ob- 
serued  in  leuying  of  fynes  ;  provided,  it  shall  not  bee  lawfuU  for 
such  officer  to  leuye  any  mans  necessarye  bedding,  apparrell,  tooles 
or  armes,  neither  implements  of  houshold,  w"*"  are  for  the  necessary 
vpholding  of  his  life  ;  but  in  such  cases  hee  shall  leuye  his  Land  or 
person,  according  to  Law ;  and  in  no  case  shall  the  officer  bee  put 
to  seeke  out  any  mans  estate  further  then  his  place  of  aboade :  But 
if  the  party  will  not  discouer  his  goods  or  Land,  the  officer  may 
take  his  person.  And  it  is  allso  ordered  and  declared,  that  if  any 
officer  shall  doe  iniurye  to  any,  by  colour  of  his  office,  in  these  or 
any  other  cases,  hee  shall  bee  lyable  vppon  complaint  of  the  party 
wronged,  by  action  or  information,  to  make  full  restitution.  See 
Marshall. 

LYING  . 

Whereas  truth  in  words  as  well  as  in  actions  is  required  of  all 
men,  especially  of  Christians  whoe  are  the  professed  seruants  of  the 

•From  the  Massachusetts  "  Body  of  Liberties,"  of  164]. 


538  CODE     OF     LAWS. 

God  of  Truth  ;  and  whereas  all  Lying  is  contrary  to  Truth,  and 
some  sortes  of  Lyes  are  not  onely  sinfull,  as  all  Lyes  are,  but  allso 
pernicious  to  the  publique  weale  and  iniurious  to  perticular  per- 
sons ; 

It  is  therfore  ordered  by  this  Courte  and  Authority  thereof,  that 
euery  person  of  the  age  of  discretion,  w"""  is  accounted  fourteene 
yeares,  who  shall  wittingly  and  willingly  make  or  publish  any  Lye 
w""*"  may  bee  pernicious  to  the  publique  weale,  or  tending  to  the 
damage  or  iniurye  of  any  perticular  person,  to  deceiue  and  abuse 
the  people  with  false  newes  or  reportes,  and  the  same  duely  prooued 
in  any  Courte  or  before  any  one  Magistrate,  who  hath  hereby  power 
graunted  to  heare  and  determine  all  offences  against  this  Lawe,  such 
persons  shall  bee  fyned  for  the  first  offence  ten  shillings,  or  if  the 
party  bee  vnable  to  pay  the  same,  then  to  ,bee  sett  in  the  Stocks,  so 
long  as  the  said  Courte  or  Magistrate  shall  appointe,  in  some  open 
place,  not  exceeding  three  houres  ;  for  the  second  offence  in  that 
kind,  whereof  any  shall  bee  legally  convicted,  the  sum  of  twenty 
[38*]  shillings,  ||  or  bee  whipped  vppon  the  naked  body  not  ex- 
ceeding twenty  stripes  :  and  for  the  third  offence  that  way,  forty 
shillings,  or  if  the  party  bee  vnable  to  pay,  then  to  bee  whipped  with 
more  stripes,  not  exceeding  thirtye.  And  if  yett  any  shall  offend  in 
like  kinde  and  bee  legally  convicted  thereof,  such  person,  male  or 
female  shall  bee  fyned  ten  shillings  at  a*  time  more  then  formerly,  or 
if  the  party  so  offending  bee  vnable  to  pay,  then  to  bee  whipped 
with  fine  or  sixe  stripes  more  then  formerly,  not  exceeding  forty  at 
any  time.  And  for  all  such  as  being  vnder  age  of  discretion,  that 
shall  offend  in  Lying,  contrary  to  this  Order,  theire  Parents  or  Mas- 
ters shall  giue  them  due  correction,  and  that  in  the  presence  of  some 
officer,  if  any  Magistrate  shall  so  appointe.  Provided  allso,  that  no 
person  shall  bee  barred  of  his  just  action  of  slaunder  or  otherwise,  by 
any  proceeding  vppon  this  Order. 

masters;  servants;  sojourners. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  no  Master 
of  a  Familye  shall  giue  interteinment  or  habitation  to  any  younge 
man  to  soiourne  in  his  familye,  but  by  the  allowance  of  the  inhabit- 
ants of  the  Towne  where  hee  dwells,  vnder  the  penalty  of  twenty 
shillings  p'  weeke.  And  it  is  allso  ordered,  that  no  young  man 
that  is  neither  married  nor  hath  any,  servant,  nor  is  a  publique 
officer,  shall  keepe  hovvse  of  himselfe  without  the  consent  of  the 


CODE      OF     LAWS.  539 

Towne  for  and  vnder  paine  or  penalty  of  twenty  shillings  a 
weeke.* 

It  is  allso  ordered  by  the  Authority  aforesaid,  that  no  servant, 
either  man  or  maid,  shall  either  giue,  sell  or  truck,  any  commodity 
whatsoeuer,  without  license  from  theire  master,  during  the  time  of 
theire  service,  vnder  paine  of  fyne  or  corporall  punnishment  at  the 
discretion  of  the  Courte,  as  the  offence  shall  deserue.  And  that  all 
workemen  shall  worke  the  whole  day,  allowing  convenient  time  for 
food  and  rest. 

It  is  allso  ordered,  that  when  any  Servants  shall  runn  from  theire 
Masters,  or  any  other  inhabitants  shall  priuately  goe  away  with 
suspition  of  ill  intentions,  It  shall  bee  lawfull  for  the  next  Magis- 
trate, or  the  Constable  and  two  of  the  chiefest  inhabitants,  where  no 
Magistrate  is,  to  press  men  and  boates  or  pinnaces,  at  the  publique 
charge,  to  persue  such  persons  by  sea  or  land,  and  bring  them 
[39*]   back  by  force  of  armes. 

And  whereas  many  stubborne,  refrectary  and  discontented  Ser- 
uants  and  Apprentices,  withdraw  themselues  from  theire  Masters 
services  to  improue  theire  time  to  theire  owne  advantage  ;  for  the 
preventing  whereof.  It  is  ordered,  that  whatsoeuer  Servant  [or]  Ap- 
prentice shall  hereafter  offend  in  that  kinde,  before  theire  Covenants 
or  tearme  of  service  are  expired,  shall  serue  theire  said  Masters,  as 
they  shall  bee  apprehended  or  retained,  the  treble  terme  or  threefold 
time  of  theire  absence  in  such  kinde. f 

MANSLAUGHtER. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  if  any  per- 
son in  the  just  and  necessary  defence  of  his  life,  or  the  life  of  any 
other,  shall  kill  any  person  attempting  to  rob  or  murther  in  the  feild 
or  highe  way,  or  to  breake  into  any  dwelling  bowse,  if  hee  conceiue 
hee  cannott  with  safety  of  his  own  person  otherwise  take  the  Felon 
or  Assailant,  or  bring  him  to  tryall,  hee  shall  bee  houlden  blameless. 

MAGISTRATES. 

This  Courte  being  sensible  of  the  great  dissorder  growing  in  this 
Common  wealth,  through  the  contempts  cast  vppon  the  Civill  Au- 
thority, W^*"  willing  to  prevent,  doe  order  and  decree  : 

That   whosoeuer  shall  henceforth  openly  or  willingly  defame  any 

*  Feb.  2]8t,  J637.  p.  8.     The  words  'for  and,'  in  the  line  before  the  last,  were  probably  sub- 
stituted for  'first  had,'  by  an  error  of  the  compiler,  or  recorder,  of  the  code  of  1650. 
tJune,  1644.   p.  105. 


540  CODE      OF      LAWS. 

Courte  of  Justice,  or  the  sentences  and  proceedings  of  the  same,  or 
any  of  the  Magistratesor  judges  of  any  such  Courte,  in  respect  of  any 
Act  or  sentence  therein  passed,  and  being  thereof  lawfully  convicted 
in  any  Generall  Courte  or  Courte  [of]  Magistrates,  shall  bee  pun- 
nished  for  the  same  by  fyne,  imprisonment,  dissfranchisement  or 
bannishment,  as  the  quality  and  measure  of  the  offence  shall  deserue. 

MARRIAGE. 

Forasmuch  as  many  persons  intangle  themselues  [by]  rashe  and 
inconsiderate  contracts  for  theire  future  joininge  in  Marriage  Cove- 
nant, to  the  great  trouble  and  greife  of  themselues  and  theire  freinds  ; 
for  the  preventing  thereof, 

[40*]  It  is  ordered  by  ||  the  Authority  of  this  Courte,  that  whoso- 
euer  intends  to  joine  themselues  in  Marriage  Covenant  shall  cause 
theire  purpose  of  contract  to  bee  published  in  some  publique  place, 
and  at  some  publique  meeting  in  the  severall  Tov^^nes  where  such 
persons  dwell,  at  the  least  eight  dayes  before  they  enter  into  such 
contract  whereby  they  ingage  themselues  each  to  other,  and  that  they 
shall  forbeare  to  joine  in  Marriage  Covenant  at  least  eight  dayes 
after  the  said  contract.* 

And  it  is  allso  ordered  and  declared,  that  no  person  whatsoeuer, 
male  or  female,  not  being  at  his  or  her  owne  dispose,  or  that  remaineth 
vnderthe  gouernement  of  parents,  masters  or  guardians,  or  such  like, 
shall  either  make,  or  giue  interteinment  to,  any  motion  or  sute  in  way 
of  marriage  without  the  knowledge  and  consent  of  those  they  stand 
in  such  relation  to,  vnder  the  seuere  censure  of  the  Courte  in  case 
of  delinquency,  not  attending  this  order  ;  nor  shall  any  third  person 
or  persons  intermeddle  in  making  any  motion  to  any  such,  without 
the  knowledge  and  consent  of  those  vnder  whose  gouernment  they 
are,  vnder  the  same  penalty. f 

Marriages  and  Births  ;   See  Records.. 

MARSHALL. 

It  is  ordered  by  this  Courte,  that  the  Marshall  shall  be  allowed  for 
euery  Execution  hee  serues,  w'^''  is  under  the  sum  of  fine  pounds, 
two  shillings  six  pence,  and  foure  pence  for  euery  myle  hee  goes  to 
serue  the  said  Execution  out  of  the  Towne  where  hee  liueth  :  And 
for  euery  Execution  hee  serues  of  or  aboue  fiue  pounds  and  under 
the   sum  of  ten   pounds,  hee  shall  be  allowed  three  shillings  foure 

•  Apr.  lOth,  1640.    p.  47,  48.  t  July  5th,  1643.     p.  92. 


CODE      OF      LAWS.  541 

pence,  and  foure  pence  for  euery  myle,  as  before :  And  for  euery 
Execution  hee  serues  of  or  aboue  the  sum  of  ten  pounds,  hee  shall 
bee  allowed  fiue  shillings,  and  foure  pence  for  euery  myle  as  before. 
AUso  hee  is  to  bee  allowed  his  other  just  and  necessary e  charges; 
onely  it  is  provided  that  if  hee  bee  excessiue  therein,  vppon  due 
complaint  and  proofe  made,  it  shall  bee  redressed.  And  it  is  allso 
further  ordered  that  the  Marshall  shall  bee  allowed  for  euery  At- 
tachement  hee  serues  halfe  so  much  as  is  before  allowed  him  for 
Executions,  onely  hee  is  to  haue  foure  pence  for  euery  myle  hee 
goes  to  serue  the  Attachement  as  before. 

It  is  further  ordered  by  the  Courte  and  .^thority  thereof,  that 
euery  Officer*  that  shall  at  any  tyme  bee  fyned  for  the  breach  of 
any  poenall  lawe  or  other  just  cause,  such  person  or  persons  so  of- 
[41*]  fending  ||  shall  forthwith  pay  his  or  theire  fyne  or  penalty  [or 
giue]  in  security  speedily  to  doe  it,  or  else  shall  bee  imprisoned  or 
kept  to  worke  till  it  bee  paid,  that  no  loss  may  [come]  to  the  Com- 
monwealth ;  and  what  other  fynes  or  debts  allready  due  or  shall  bee 
due  to  the  Country,  the  Marshall  for  the  time  being,  vppon  warrant 
from  the  Treasurer,  and  according  to  his  oath,  shall  bee  faithfuU  in 
doing  the  duty  of  his  place  in  levyinge  and  returning  the  same,  vp- 
pon paine  of  forfeiting  two  shillings  of  his  owne  estate  for  euery 
pound,  or  else  such  fine  as  any  Courte  of  Justice  shall  impose  on 
him  for  neglect. 

MEASURES      AND     WEIGHTS. 

Forasmuch  as  it  is  obserued  that  there  are  diuers  of  Weights, 
Yardes  and  Measures  amongst  vs,  wherby  dammages  many  times 
ensueth  by  commerce  with  seuerall  persons ;  for  the  preventing 
whereof. 

It  is  now  ordered,  that  no  man  within  these  libberties,  shall,  after 
the  publishing  of  this  order,  sell  any  comodityes  but  by  sealed  weight 
or  measure,  under  the  penalty  of  twelue  pence  each  default.  The 
Clarke  is  to  haue  a  penny  for  sealing  a  weight  or  measure  each 
time  ;  And  no  weight  or  measure  is  to  bee  accounted  authf  ntick 
that  is  not  sealed  or  approoued  by  the  Clarke,  once  euery  yeare. 
The  said  Clarke  is  to  breake  or  demolish  such  Weights,  Yards  or 
Measures  as  are  defectiue.f 


*  In  the  (printed)  revision  of  1672-3,  the  word  'person'  is  substituted  for  'officer.' 
t  Thie  substance  of  this  order  is  contained  in  an  order  of  Feb,  ]4th,  1643-4.  p.  100. 


47 


542  CODE      OF      LAWS. 

MILLITARY      AFFAIRES. 

It  is  ordered  and  by  this  Courte  declared,  that  all  persons  that  are 
aboue  the  age  of  sixteene  yeares,  except  Magistrates  and  Church  offi_ 
cers,  shall  beare  Armes,  vnless  they  haue,  vppon  just  occassion,  ex. 
emption  graunted  by  the  Courte  ;  and  euery  male  person  within  this 
Jurissdiction  aboue  the  said  Age,  shall  haue  in  continuall  readines, 
a  good  muskitt  or  other  gunn,  fitt  for  service,  and  allowed  by  the 
Clark  of  the  Band,  with  a  sword,  rest  and  bandaleers,  or  other  ser- 
uiceable  provision  in  the  roome  thereof,  where  such  cannott  bee  had ; 
as  allso  such  other  millitary  provision  of  powder,  match  and  bullitts 
as  the  lawe  requires,  and  if  any  person  whoe  is  to  prouide  Armes 
or  Ammunition  cannott  purchase  them  by  such  meanes  as  hee  hath, 
hee  shall  bring  to  the  Clarke  so  much  Corne  or  other  merchantable 
goods  as  by  aprizement  of  the  said  Clarke  and  two  others  of  the  Com- 
pany (whereof  one  to  be  chosen  by  the  partye)  [as  shall  bee  judged 
[42*]  of  a  greater  value  by  a  fifth  part]  then  such  Armes  or  Ammu- 
nition is  of,  hee  shall  bee  excused  of  the  penalty  for  want  of  Armes 
(but  not  for  want  of  appearance)  vntill  hee  bee  provided.  And  the 
Clarke  shall  indeauor  to  furnish  him  so  soone  as  may  bee  by  sale  of 
such  goods  so  deposited  rendring  the  ouerplus  to  the  partye.  But  if 
any  person  shall  not  bee  able  to  provide, himselfe  Armes  or  Ammu- 
nition through  meere  poverty,  if  hee  bee  single  hee  shall  bee  put  to 
service  by  some  Magistrate,  and  the  Constable  shall  appointe  him 
Armes  and  Ammunition,  and  shall  appointe  him  when  and  with 
whome  to  earne  it  out. 

And  it  is  ordered  that  all  the  Soulgers  within  this  Jurissdiction 
shall  bee  trained  at  least  six  times  yearely,  in  the  months  of  March, 
Aprill,  May,  Septemb'',  Octob' or  November,  by  the  appointment  of 
the  Captaine  or  Chiefe  officer  in  the  seuerall  towries  :  And  the  times 
of  theire  meeting  together  shall  be  at  eight  of  the  clock  in  the  morn- 
inge.  And  the  Clarke  of  each  Band  shall,  twise  euery  yeare  at 
least,  veiw  the  Armes  and  Ammunition  of  the  Band,  to  see  if  they  all 
bee  according  to  Lawe  ;  And  shall  vppon  euery  Traininge  day  giue 
his  attendance  in  the  feild,  euery  day,  (except  hee  hath  speciall  leaue 
from  his  Captaine  or  Cheife  Officer)  to  call  ouer  the  Roll  of  the  Sould- 
gers  and  take  notice  of  any  defect  by  theire  absence  or  otherwise  : 
And  hee  shall  duely  present  to  the  Gouernor  or  some  of  the  Magis- 
trates, all  defects  in  Armes  or  Ammunition,  at  least  once  in  each 
yeare,  and  oftner  if  it  bee  required.  And  it  is  left  to  the  judgement 
of  the  Magistrates  to  punnish  all  defects  in  that  kind  according  to 
the  nature  of  the  offence,  wherein  due  regard  is  to  bee  had  of  willfull 


CODE      OF      LAWS.  543 

neglects  in  any,  that  such  may  not  pass  without  a  severe  censure, 
And  whosoeuer  shall  bee  absent  any  of  the  dayes  appointed  for 
traininge,  after  the  houre  appointed,  or  shall  not  continnue  the  whole 
time,  shall  forfeitt  the  sum  of  two  shillings  six  pence  for  euery  de- 
fault, except  such  as  are  licensed  vnder  the  hand  of  two  Magistrates. 
The  Clarkes  of  the  severall  Bands  are  to  distreine  the  delinquents, 
within  fourteene  dayes  after  the  forfeiture  ;  whereof  six  pence  shall 
bee  to  himselfe  and  the  remainder  for  the  maintenance  of  Drums, 
Cullers  &c.  And  if  any  of  the  said  Clarkes  shall  omitte  to  distreine 
any  delinquents,  aboue  the  said  terme  of  fourteene  dayes,  hee  shall 
forfeitt  and  pay  to  the  vse  of  the  Publique,  double  the  fyne  so  neg- 
lected by  him. 

[43*]  It  is  ordered,  that  the  Souldgers  shall  onely  make  choyce  of 
theire  Millitary  Officers,  and  present  them  to  the  Perticular  Courte ; 
but  such  onely  shall  bee  deemed  officers  as  the  Courte  shall 
confirme. 

The  state  and  condition  of  the  place  where  [we]  Hue,  by  reason 
of  the  Indians  and  otherwise,  requiring  all  due  meanes  to  bee  vsed 
for  the  preservation  [of  the]  safety  and  peace  of  the  same,  this  Courte 
judgeth  necessary  that  there  should  bee  a  Magazine  of  Powder  and 
Shott  provided  and  mainteined  in  the  Country,  in  each  Towne  within 
this  Jurissdiction  ;  And  doe  therefore  order  and  decree,  that  there 
shall  bee  two  barrills  of  Powder  and  six  hundred  weight  of  Lead 
provided  by  this  Commonwealth,  before  the  Generall  Courte  in  Sep- 
temb"^  next,  w"''  shall  bee  meinteined  and  continued  and  accounted 
as  the  Country  stock.  And  it  is  allso  further  ordered,  that  the  sev- 
erall Townes  within  this  Jurissdiction  shall  provide  and  mainteine 
as  follow"',  viz: — 

Wyndsor,  one  barrill  and  halfe  of  Powder,  four  hundred  and  fifty 
pound  of  Lead,  one  hundred  fathom  of  m[atch,]  nine  Cotton  Coates 
or  Corseletts  and  suffitient  serviceable  Pikes  to  either  of  them. 

Hartford,  two  barrills  of  Powder,  six  hundred  weight  of  Lead  and 
six  score  fathom  of  Match,  and  twelue  Cotton  Coates  or  Corseletts 
with  serviceable  Pikes  to  either  of  them. 

Wethersfeild,  one  barrill  of  Powder,  three  hundred  weight  of  Lead, 
eighty  fathom  of  Match,  and  eight  Cotton  Coates  or  Corseletts  with 
serviceable  Pikes  to  either  of  them. 

Seabrooke,  halfe  a  barrill  of  Powder,  one  hundred  and  fifty  pound 
of  Lead,  forty  fathom  of  Match,  and  three  Cotton  Coates  or  Corse- 
letts with  serviceable  Pikes  to  either  of  them. 


544  CODE      OF     LAWS. 

Farmington,  the  same  in  each  particular  with  Seabrooke. 

Fairefeild  and  Strattford,  in  each  Towne,  one  barrill  of  Powder 
three  hundred  weight  of  Lead,  one  hundred  fathom  of  Match,  and 
six  Coates  or  Corseletts  with  serviceable  Pikes  to  either  of  them. 

South  hampton  and  Pequett,  in  each  Towne,  halfe  a  barrill  of 
Powder,  one  hundred  and  fifty  pounds  of  Lead,  forty  fathom  of 
Match,  with  three  [Coates  or  Corseletts  with  serviceable  Pikes  to 
either  of  them.] 

[44*]  Each  Towne  allso  shall  provide  so  many  good  firelocke  mus- 
kitts  and  good  backswords  or  Cuttlasses,  as  the  Corseletts  are  they 
are  charged  with  by  this  order.  All  w^'^  shall  bee  provided  by  the 
seuerall  Townes  by  the  Courte  in  September  next,  and  meinteined 
constantly  for  the  future,  vppon  the  penalty  of  ten  shillings  p'  month 
for  each  Townes  defect  or  neglect  herein. 

Allso  it  is  further  ordered.  That  euery  male  person  within  this 
Jurissdiction,  that  is  aboue  the  age  of  sixteene  yeares,  whether  Mag- 
istrates, Ministers  or  any  other,  (though  exempted  from  training, 
watching  and  warding,)  shall  bee  allwayes  provided  with,  and  haue 
in  readiness  by  them,  halfe  a  pound  of  Powder,  two  pound  of  ser- 
viceable Bullitts  or  shott,  and  two  fathom  of  Match  to  euery  Match- 
lock, vppon  the  penalty  of  fine  shillings  a  month  for  each  persons 
default  herein  :  provided  notwithstanding,  that  if  the  proportions  of 
powder  laid  vppon  each  Towne  and  person  either  doth  not  at  present 
or  shall  not,  (by  reason  of  the  increase  of  theire  numbers,)  for  the 
future,  amount  in  all  to  three  pound  of  powder  for  euery  Souldger, 
then  each  Towne  shall,  vppon  the  former  penaltye,  provide  so  much 
more  as  shall  bee  three  pound  of  powder  for  a  Souldger,  and  other 
provision  of  Lead  &c.  increase  in  each  Towne  according  to  the  same 
proportion. 

Whereas  many  inconveniences  doe  appeare,  by  reason  that  the 
severall  Souldgers  of  the  Trained  Bands  in  each  Towne  within  this 
Jurissdiction  haue  not  beene  allowed  some  powder  vppon  theire 
Training  dayes,  for  theire  practice  and  exercise  in  theire  severall 
firings  : — 

It  is  ordered  by  the  Authority  of  this  Courte,  that  there  shall  bee 
allowed  to  euery  Souldger  in  the  seuerall  Trained  Bands  in  each 
Towne  as  aforesaid,  halfe  a  pound  of  powder  a  peece  for  a  yeare, 
and  so  from  yeare  to  yeare  for  the  future,  to  bee  provided  by  and  at 
the  propper  costs  and  charges  of  the  Masters  and  Gouernors  of  each 
familye  vnto  w°''  the  said  Souldgers  doe  belong,   to  bee  called  forth, 


CODE      OF      LAWS.  545 

improued  and  disposed  of,  at  the  discretion  of  the  Captaine  or  other 
principall  leaders  in  each  Trained  Band. 

It  is  allso  ordered,  that  the  Captaines,  Leiftennants  and  Ensignes 
shall  bee  freed  from  watching  and  warding,  and  the  Serieants  from 
warding  and  halfe  theire  watch. 

[45*]  MINISTERS     MEINTENANCE. 

Whereas  the  most  considerable  persons  in  [these  Colonyes]  came 
into  these  partes  of  America  that  they  [might]  inioye  Christe  in  his 
ordinances,  without  dis[turbance  ;]  And  whereas  amongst  many 
other  pretious  [mercies]  the  ordinances  haue  beene  and  are  dispensed 
amongst  vs  with  much  purity  and  power  ;  this[Courte]  tooke  it  into 
theire  serious  consideracon  how  due  maintenance,  according  to  God, 
might  bee  provided  and  setled,  both  for  the  present  and  [future,]  for 
the  incouragement  of  the  Ministers  who  [labour]  therein;  And  doe 
order,  that  those  who  are  [taught]  in  the  word,  in  the  severall  planta- 
tions bee  [called]  together,  that  euery  mann  voluntarily  sett  downe 
what  hee  is  willing  to  allowe  to  that  end  and  [vse  :]  And  if  any  man 
refuse  to  pay  a  meet  proportion,  that  then  hee  bee  rated  by  Authority 
in  some  [just]  and  equall  way;  and  if  after  this  any  man  with- 
hold or  delay  due  payment,  the  Civill  power  to  bee  exercised,  as  in 
other  just  debts.* 

OATHS. 

[The  oaths  for  the  Governor,  Magistrates,  Constables,  Freemen,  and  Jurymen,  are  the  same 
as  originally  recorded,  pages  25,  26.  C2,  57.  Those  which  follow,  were  inserted  after  the 
adoption  of  the  cod*,  and  are  in  the  hand  writing  of  Secretary  Clark.] 

[47*]  Commissioners  Oath.-f 

You  doe  sweare  by  the  great  and  dredfull  name  of  the  euerlasting 
God,  that  for  this  yeare  ensuing  [and]  vntill  new  bee  chosen,  you 
shall  faithfully  execute  the  place  and  office  you  are  chosen  unto, 
according  to  the  extent  of  your  Ck)mission :  So  helpe  you  God,  in 
the  name  of  the  Lord  Jesus  Christ.  * 

Secretaries  Oath. 

A.  B.  You  being  chosen  Secretary  for  this  Jurisdiction,  dureing 
this  year,  doe  sweare  by  y"  great  name  of  God,  that  you  shall  keep 

*  Ordered,  Oct.  25th,  1044,  upon  the  recommendation  of  the  Commissioners  of  the  U.  Col- 
onies,   p.  112. 

t  This  and  the  two  following  Oaths,  were  subsequently  recorded,  (as  appears  by  the  hand 
writing)  by  Secretary  Clark. 

47* 


546  CODE      OF      LAWS. 

the  secrets  of  the  Court  and  shall  carefully  execute  the  place  of  a 
Secretary,  and  shal  truly  and  faythfully  record  all  Orders  of  the 
Court ;  and  (fixe  the  Scale  vnto  y^  orders  sent  forth  to  y'  respectiue 
Townes  &*)  shall  deliuer  true  copies  and  certificates  when  they 
shalbe  necessarily  required.  So  help  you  God,  in  our  Lord  Jesus 
Christ. 

Grand  Juryes  Oath. 
You  doe  sweare,  by  the  great  and  dreadful  name  of  God,  that  you 
will  w""  all  due  care  and  faithfulnes  make  presentment  according  to 
order,  at  y^  Quarter  Court  in  September  next,  such  misdemeanours 
and  transgressions  of  y^Lawes  and  Orders  of  this  Commonwealth  as 
shal  come  to  your  cognisance;  as  also  to  doe  your  indeauour  to  find 
out  such  things  as  are  contrary  to  religion  and  peace :  So  help  you 
God,  in  o"^  Ld.  Jesus  Christ. 

[48*]  P  E  A  G  E  . 

It  is  ordered  by  this  Courte  and  decreed,  that  no  Peage,  white  or 
black,  bee  paide  or  receiued,  but  what  is  strunge  and  in  some  meas- 
ure strung  sutably,  and  not  small  and  great,  vncomely  and  disorderly 
mixt,  as  formerly  it  hath  beene.f 

p  o  o  R  E. 
It  is  ordered  by  this  Courte  and  Authority  thereof,  that  the  Courte 
of  Magistrates  shall  haue  power  to  determine  all  differences  about 
lawfull  setling  and  providing  for  poore  persons,  and  shall  haue 
power  to  dispose  of  all  vnsetled  persons,  into  such  Townes  as  they 
shall  judge  to  bee  most  fitt  for  the  maintenance  and  imployment  of 
such  persons  and  families  for  the  ease  of  the  Countrye. 

pound;    pound    breach. 

For  prevention  and  due  recompense  of  dammage  in  Corne  feilds 
and  other  inclosures  done  by  Swyne  and  Cattle,  It  is  ordered  by  this 
Courte  and  Authority  thereof,  that  there  shall  bee  one  suffitient 
Pound  or  more  made  and  meinleined  in  euery  Towne  and  Village 
within  this  Jurissdiction,  for  the  impounding  of  all  such  Swyne  and 
Cattle  as  shall  bee  found  in  any  Cornefeild  or  other  Inclosure  :  And 
whosoeuer  impounds  any  Swyne  or  Cattle  shall  giue  present  notice 
to  the  owners,  if  bee  bee  knowne,  or  otherwise  they  shall  bee  cryed 

•  The  words  in  the  parenthesis  are  interlined. 

t  Recotmnended  by  the  Commissioners  of  the  U.  Colonies ;  and  approved  by  the  Gen.  Court, 
Mar.  1049;  p.  179. 


CODE     OF     LAWS,  547 

at  the  two  next  Lectures  or  Markitts.  And  if  Svvyne  or  Cattle 
escape  out  of  the  pound,  the  owner,  if  knowne,  shall  pay  all  dam- 
mages,  according  to  la  we. 

And  whereas  impounding  of  Cattle  in  case  of  Trespasses  hath 
beene  allwayes  found  both  needfull  and  proffitable,  and  all  the 
breaches  about  the  same  very  ofTensiue  and  iniurious : — It  is  there- 
fore ordered  by  this  Courte  and  Authority  thereof,  that  if  any  person 
shall  resiste  or  rescue  any  Cattle  going  to  the  Pound,  or  shall  by  any 
way  or  meanes  conuey  them  out  of  Pound  or  custody  of  the  law, 
whereby  the  party  wronged  may  looss  his  dammage  and  the  Lawe 
bee  deluded,  that  in  case  of  meere  Rescues,  the  party  offending  shall 
forfeitt  to  the  Treasure,  forty  shillings  ;  and  in  case  of  Pound  breach, 
fine  pounds  ;  and  shall  allso  pay  all  damages  to  the  party  wronged  : 
And  if  in  the  Rescue  any  bodily  harmes  bee  done  to  the  person  of 
any  man  or  other,  they  shall  haue  remedye  against  the  rescuers  : 
And  if  either  bee  done  by  any  not  of  abillitye  to  answer  the  dam- 
mage and  forfeitt  aforesaid,  they  shall  bee  [  ]  whipt,  by 
[49*]  warrant  from  any  Magistrate  ||  before  whome  the  offender  is 
convicted,  in  the  Towne  or  Plantacon  where  the  offence  was  com- 
mitted, not  exceeding  twenty  stripes,  for  the  meere  Rescue  or  Pound 
breach,  and  for  all  dammages  to  the  party  they  shall  satisfie  by  ser- 
vice, as  in  case  of  theft :  And  if  it  appeare  there  were  any  procure- 
ment of  the  owners  of  the  Cattle  therevnto,  (and  that  they  were 
Abettors)  they  shall  all  pay  forfeitures  and  damages  as  if  themselues 
had  done  it. 

PROFANE      SWEARING. 

It  is  ordered  and  by  this  Courte  decreed,  that  if  any  person  within 
this  Jurissdiction  shall  sweare  rashly  and  vainely,  either  by  the  holy 
name  of  God,  or  any  other  oath  ;  and  shall  sinfully  and  wickedly 
curse  any ;  hee  shall  forfeitt  to  the  Common  Treasure,  for  euery 
such  severall  oflence,  ten  shillings:  And  it  shall  bee  in  the  power  of 
any  Magistrate,  by  warrant  to  the  Constable,  to  call  such  persons 
before  him,  and  vppon  just  proofe  to  pass  a  sentence,  and  leuye 
the  said  penalty,  according  to  the  vsuall  order  of  Justice  :  And 
if  such  persons  bee  not  able,  or  shall  vtterly  refuse  to  pay  the 
aforesaid  fyne,  hee  shall  bee  committed  to  the  Stocks,  there  to  con- 
tinue not  exceeding  three  houres  and  not  less  than  one  houre. 

RATES. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  euery  In- 
habitant shall  henceforth  contribute  to  all  charges  both  in  Church 


548  CODE      OF      LAWS. 

and  Common  wealth  whereof  hee  doth  or  may  receiue  benefitt,  and 
euery  such  Inhabitant  who  doth  not  voluntarily  contribute  propor- 
tionably  to  his  abillity  with  the  rest  of  the  same  Towne  to  all  com- 
mon charges,  both  Ciuill  and  Ecleseasticall,  shall  bee  compelled 
therevnto  by  assessments  and  distress,  to  be  leuyed  by  the  Constable 
or  other  officer  of  the  Towne  as  in  other  cases ;  And  that  the  Lands 
and  Estates  of  all  men,  whereuer  they  dwell,  shall  bee  rated  for  all 
Towne  Charges,  both  Ciuill  and  Ecleseasticall  as  aforesaid,  where 
the  Lands  and  Estates  shall  lye,  and  theire  persons,  where  they 
dwell. 

For  a  more  equall  and  ready  way  of  raising  means  [for]  defray- 
ing of  publique  charges  in  time  to  come,  and  for  preuenting  such  in- 
conueniences  as  haue  fallen  out  vppon  former  assessments ; — It  is 
[50*]  ordered  and  acted  by  the  Authority  of  this  Courte,  ||  That  the 
Treasurer  for  the  time  being  shall,  from  yeare  to  yeare,  in  the  first 
month,  without  expecting  any  other  order,  send  forth  his  Warrants  to 
the  Constables  of  euery  Towne  within  this  Jurissdiction,  requiring 
the  Constable  to  call  together  the  Inhabitants  of  the  Towne,  whoe 
being  so  assembled  shall  chuse  three  or  foure  of  theire  able  Inhabit- 
ants, whereof  one  to  bee  a  Comissioner  for  the  Towne,  whoe  shall 
some  time  or  times  in  the  sixth  month  then  next  ensuing,  make  a  list 
of  all  the  male  persons  in  the  same  Towne  from  sixteene  yeares  old 
and  vpwards,  and  a  true  estimation  of  all  personall  and  reall  estates 
being  (or  reputed  to  bee,)  the  estate  of  all  and  euery  the  persons  in 
the  same  Towne,  or  otherwise  vnder  theire  custody  or  managing,  ac- 
cording to  just  valuation,  and  to  what  persons  the  same  belong, 
whether  in  theire  owne  Towne  or  other  where,  so  neare  as  they  can 
by  all  lawfull  wayes  and  meanes  w"""  they  may  vse,  viz :  of  howses, 
lands  of  all  sortes,  as  well  vnbroken  vp  as  other  (except  such  as  doth 
or  shall  lye  common,  for  free  feed  of  Cattle,  to  the  vse  of  the  Inhab- 
itants in  generall,  whether  belonging  to  the  Townes  or  perticular 
persons,  but  not  to  bee  kept  or  bearded  vppon  it  to  the  damage  of  the 
proprietors,)  mills,  shipps  and  all  small  vessells,  merchantable  goods, 
cranes,  wharfes,  and  all  sortes  of  Cattle,  and  all  other  knowne  estate 
whatsoeuer,  as  allso  all  visible  estate  either  at  sea  or  on  shore  ;  all 
w"*"  persons  and  estates  are  by  the  said  Commissioners  and  select  men 
to  be  assessed  and  rated  as  heere  follow"",  viz  :  Euery  person  afore- 
said, (except  Magistrates  and  Elders  of  Churches)  two  shillings  six 
pence  by  the  head,  and  all  estates  both  reall  and  personall,  at  one 
penny  for  euery  twenty  shillings,  according  to  the  rates  of  Cattle 
hereafter  mentioned.     And  for  a  more  certeine   rule  in  rating  of 


CODE      OF     LAWS.  549 

Cattle,  euery  Cowe  of  f'oure  yeare  old  and  vpward  shall  be  valued  at 
fiue  pounds  ;  euery  heifer  and  steare,  betweene  three  and  four  yeare 
old,  foure  pounds,  and  betweene  two  and  three  yeare  old,  fifty  shil- 
lings, and  betweeile  one  and  two  yeare  old,  thirty  shillings;  euery 
Oxe  and  Bull  of  foure  yeare  old  and  vpwards,  six  pounds  ;  euery 
Horse  and  'Mare  of  foure  yeare  old  and  vpwards,  twelue  pound ;  of 
three  yeare  old,  eight  pounds  ;  betweene  two  and  three  yeares  old, 
fiue  pounds;  of  one  yeare  old,  three  pounds  ;  euery  Sheepe  of  one 
yeare  old,  thirty  shillings ;  euery  Goate  aboue  one  yeare  old,  eight 
shillings  ;  euery  Swyne  aboue  one  yeare  old,  twenty  shillings  ;  and 
all  Cattle  of  all  sortes  vnder  a  yeare  old,  are  hereby  exempted,  as 
allso  all  Hay  and  Come  in  the  husbandmans  hand,  because  all 
meadow,  earable  ground  and  Cattle  are  rateable  as  aforesaid.  And 
[51*]  for  all  such  persons  as  by  the  advantage  of  theire  Artes  and 
Trades  are  more  able  to  helpe  beare  the  publique  charge  then  Com- 
mon Labourers  and  workemen,  as  Butchers,  Bakers,  Bruers,  Vic- 
tuallers, Smiths,  Carpenters,  Taylors,  Shoemakers,  Joiners,  Barbers, 
Millers  and  Masons,  with  all  other  manuall  persons  and  Artists,  such 
are  to  bee  rated  for  their  returnes  and  gaines  proportionably  vnto  other 
men  for  the  produce  of  theire  estates.  Provided  that  in  the  Rate  by 
the  Poll,  such  persons  as  are  dissabled  by  sickness,  lameness  or 
other  infirmities  shall  bee  exempted ;  and  for  such  servants  and 
children  as  take  not  wages,  theire  parents  and  masters  shall  pay  for 
them,  but  such  as  take  wages  shall  pay  for  themselues. 

And  it  is  further  ordered,  that  the  Comissioners  for  the  severall 
Townes  vppon  this  Riuer  shall  yearely  meet  vppon  the  third  Thurs- 
day in  the  sixth  month  at  Hartford,  and  the  Comissioners  for  the 
Townes  of  Fairefeild  and  Strattford  shall  meett  the  same  day  in  one 
of  those  Townes,  (and  two  dayes  before  the  Generall  Courtein  Sept: 
they  shall  meete  y'  Comissioners  vppon  y'  Riuer  in  Hartford,*)  and 
bring  with  them,  fairely  written,  the  just  number  of  males  listed  as. 
aforesaid,  [and]  the  Assessment  of  estates  made  in  theire  seuerall 
Townes  according  to  the  rules  and  directions  in  this  present  order 
expressed  ;  And  the  said  Comissioners  being  so  assembled  shall 
duely  and  carefully  examine  all  the  said  Lists  and  Assessments  of 
severall  Townes,  and  shall  correct  and  perfect  the  same,  according 
to  the  true  intent  of  this  order,  and  the  same  so  perfected  they  shall 
transmit!  vnder  theire  hands  to  the  Generall  Courte,  the  second 
Thursday  in  September,  and  then,  directions  shall  bee  giuen  to  the 
Treasurer  for  gathering  of  the  said  Rate,  and  euery   one  shall  pay 

*  The  clause  in  parenthesis,  is  interlined. 


550  CODE      OF      LAWS, 

theire  Rate  to  the  Constable  of  the  Towne  where  it  shall  bee  assessed  ; 
nor  shall  any  land  or  estate  bee  rated  in  any  other  Towne  but  where 
the  same  shall  lye,  is  or  was  improued  to  the  owner's,  reputed  own- 
er's, or  other  proprietor's  vse  or  behoofe,  if  it  bee  within  this  Juriss- 
diction.  And  for  all  peculiars,  viz:  such  places  as  are  not  yet  laid 
within  the  bounds  of  any  Towne,  the  same  Lands,  with  the  persons 
and  estates  therevpon,  shall  bee  assessed  by  the  Rates  of  the  Towne 
next  vnto  it ;  the  measure  or  estimacon  shall  bee  by  the  distance  of 
the  meeting  bowses. 

And  if  any  of  the  said  Comissioners  or  of  the  select  men  shall  wil- 
lingly faile  or  neglect  to  performe  the  trust  committed  to  them  by 
this  order,  in  not  making,  correcting,  perfecting  or  transmitting  any 
[52*]  of  the  said  Lists  or  Assessments,  ||  according  to  the  intent  of 
this  order,  euery  such  offender  shall  bee  fyned  forty  shillings  for 
euery  such  offence,  or  so  much  as  the  Country  shall  bee  damnified 
thereby,  so  as  it  exceeds  not  forty  shillings  for  one  offence  ;  provided 
that  such  offence  or  offences  bee  complained  of  and  prosecuted,  in 
due  course  of  law,  within  six  months. 

And  it  is  further  ordered,  that  vppon  all  distresses  to  bee  taken  for 
any  of  the  Rates  and  Assessments  aforesaid,  the  officer  shall  distreine 
goods  or  Cattle,  if  they  may  bee  had  ;  and  if  no  goods,  then  lands  or 
howses  ;  if  neither  goods  nor  lands  can  bee  had  within  the  Towne 
where  such  distresses  are  to  bee  taken,  then  vppon  such  returnes  to 
the  Treasurer  hee  shall  giue  warrants  to  attache  the  Body  of  such 
persons  to  bee  carried  to  prison,  there  to  bee  kept  till  the  next 
Courte,  except  they  put  in  security  for  theire  appearance  there,  or 
that  payment  bee  made  in  the  meane  time. 

And  it  is  further  ordered,  that  the  prises  of  all  sorts  of  Come  to 
bee  receiued  vppon  any  Rate  by  vertue  of  this  order,  shall  bee  such 
as  the  Courte  shall  sett  from  yeare  to  yeare,  and  in  default  thereof 
they  shall  bee  accepted  at  the  price  current,  to  bee  judged  by  the 
said  Comissioners. 

And  it  is  further  ordered,  that  all  Estates  of  land  in  England  shall 
not  bee  rated  in  a  publique  assessment. 

It  is  allso  provided  and  ordered,  that  all  Towne  Rates  shall  bee 
made  after  the  same  manner  and  by  the  same  rule  as  the  Country 
Rate. 

Whereas  much  wrong  hath  beene  done  to  the  Country  by  the 
negligence  of  Constables,  in  not  gathering  such  Leuyes.as  they  haue 
receiued  Warrants  from  the  Treasurer,  during  theire  office : — It  is 
therfore  ordered,  that  if  any  Constable  shall  not  haue  gathered  the 


CODE      OF      LAWS.  551 

Leuyes  committed  to  his  charge  by  the  Treasurer  then  being,  during 
the  time  of  his  office,  that  hee  shall,  notwithstanding  [//te]  expiration 
of  his  office,  haue  power  to  leuye  by  distress  all  such  Rates  and 
Leuyes  ;  and  if  hee  bring  them  not  in  to  the  old  Treasurer,  accord- 
ing to  his  warrants,  the  Treasurer  shall  distreine  such  Constables 
goods  for  the  same ;  and  if  the  Treasurer  shall  not  so  distreine  the 
Constable,  hee  shall  bee  answerable  to  the  Country  for  the  same. 
And  if  the  Constable  bee  not  able  to  make  payment,  it  shall  be  law. 
full  for  the  Treasurer,  old  or  new  respectiuely,  to  distreine  any  man 
or  men  of  that  Towne  where  the  Constables  are  vnable,  for  all 
Arrearages  of  Leuyes  ;  and  that  man  or  men,  vppon  petition  to  the 
Generall  Courle,  shall  haue  order  to  collect  the  same  againe,  equal- 
[53*]  ly,  ofy^  Towne,  ||  with  his  just  dammages  for  the  same. 

It  is  further  ordered  by  this  Courte,  that  all  Collectors  and  gath- 
erers of  Rates  shall  appoint  a  day  and  place  and  giue  reasonable 
warning  to  the  Inhabitants  to  bring  in  theire  proportions,  vppon 
w''''  every  man  so  warned  shall  duely  attend  to  bring  in  his  Rate, 
or  vppon  neglect  thereof  shall  forfeitt  two  pence  in  the  shilling  for 
what  hee  falls  shorte ;  and  the  said  Collector  shall  haue  authority 
hereby  to  distreine  the  delinquents,  or  bee  accountable  themselues 
for  the  Rates  and  penaltyes  so  neglected  by  them. 

RECORDS. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  the  Towne 
Clarke  or  Register,  in  the  several  Townes  of  this  Jurissdiction,  shall 
record  all  Births  and  Deaths  of  persons  in  theire  Towne :  And  that 
all  parents,  masters  of  servants,  executors  and  administrators,  re- 
spectiuely, shall  bring  in  to  the  Register  of  theire  severall  Townes, 
the  names  of  such  persons  belonging  to  them  or  any  of  them,  as 
shall  either  be  borne  or  dye  ;  and  allso  that  euery  new  married  man 
shall  likewise  bring  in  a  certificate  of  his  Marriage,  vnder  the  hand 
of  the  Magistrate  w''''  married  him,  to  the  said  Register  ;  And  for 
each  neglect  the  person  to  whome  it  doth  belong  shall  forfeitt  as  fol- 
low'*",  viz :  If  any  person  shall  neglect  to  bring  in  a  noate  or  certifi- 
cate as  aforesaid,  together  with  three  pence  a  name,  to  the  said  Re- 
gisters, for  all  Births  and  Deaths,  and  six  pence  for  each  Marriage, 
to  bee  recorded,  more  then  one  month  after  such  Birth,  Death  or 
Marriage,  shall  forfeitt  for  euery  default  fine  shillings,  and  the  pen- 
alty further  increased  vppon  longer  neglect,  according  to  the  judge- 
ment of  the  Courte.  And  the  Register  of  each  Towne  shall  yearely 
conuey  to  the  Secretary  of  the  Courte  a  true  transcript  of  the  Births, 
Deaths  and  Marriages,  giuen  vnder  theire  hands,  with  a  third  parte 


552  CODE      OF     LAWS. 

of  the  aforementioned  fees,  vnder  the  penalty  of  forty  shillings  for 
euery  such  neglect,  all  w"''  forfeitts  shall  bee  returned  in  to  the 
Treasury  ;  AUso  the  Grand  Jurors  may  present  all  neglects  of  this 
order. 

It  is  ordered  by  the  Authority  aforesaid,  that  the  seuerall  Towns 
within  this  Jurissdiction  shall  each  of  them  provide  a  Ledger  Booke, 
with  an  Index  or  Alphabett,  vnto  the  same:  Allso  shall  chuse  one 
[54*]  whoe  shall  bee  a  Towne  Clarke  or  Register,  ||  whoe  shall,  be^ 
fore  the  Generall  Courte  in  September  next,  record  euery  mans 
howse  and  lands  allready  graunted  and  measured  out  to  him,  with 
the  bounds  and  quantity  of  the  same.  And  whosoeuer  shall  neglect 
three  months  after  notice  giuen,  to  bring  in  to  the  said  Towne  Clarke 
or  Register  a  noate  of  his  howse  and  land,  with  the  bounds  and 
quantity  of  the  same  by  the  nearest  estimacon,  shall  forfeitt  ten 
shillings  ;  and  so  ten  shillings  a  month,  for  euery  month  hee  shall 
so  neglect ;  the  like  to  bee  done  for  all  lands  hereafter  graunted  and 
measured  to  any.  And  if  any  such  Graunter,  being  required  by 
the  Grauntee,  his  Heires  or  Assignes,  to  make  an  Acknowledgm'  of 
any  Graunt,  Sale,  Bargaine  or  Morgage  by  him  made,  shall  refuse 
so  to  doe,  it  shall  bee  in  the  power  of  any  Magistrate  to  send  for  the 
partye  so  refusing  and  committ  him  to  prison  without  Bayle  or 
Maineprise,  vntill  hee  shall  acknowledge  the  same :  And  the 
Grauntee  is  to  Enter  his  Caution  with  the  Recorder,  and  this  shall 
saue  his  interest  in  the  meane  time.  And  all  Bargaines  or  Mor- 
gages  of  lands  whatsoeuer  shall  bee  accounted  of  no  value  vntill  they 
bee  recoi'ded,  for  w''''  Entry  the  Register  shall  receiue  six  pence  for 
euery  percell,  deliuering  euery  owner  a  Coppy  of  the  same  vnder 
his  hand,  wherof  foure  pence  shall  bee  for  himselfe  and  two  pence 
for  the  Secretary  of  the  Courte.  And  the  said  Register  shall,  euery 
Generall  Courte  in  May  and  September,  deliuer  into  the  same  a 
Transcript  fairely  written  of  all  such  Graunts,  Bargaines  or  Ingage- 
ments  recorded  by  him  in  the  Towne  Booke  ;  And  the  Secretary  of 
the  Courte  shall  record  it  in  a  Booke  fairely  written,  prouided  for 
that  purpose,  and  shall  preserue  the  -Coppy  brought  in  vnder  the 
hand  of  the  Towne  Clarke.  Allso  the  said  Towne  Clarke  shall 
haue  for  euery  search  of  a  percell,  one  penny,  and  for  euery  Coppy 
of  a  percell,  two  pence  ;  and  a  Coppy  of  the  same  vnder  the  hand  of 
the  said  Register  or  Towne  Clarke  and  two  of  the  men  chosen  to 
gouerne  the  Towne,  shall  bee  a  suffitient  euidence  to  all  that  haue 
the  same.* 

•  Oct.  lOth,  1639.     p.  37. 


CODE     OF    LAWS.  553 

For  the  better  keeping  in  minde  those  passages  of  Gods  Provi- 
dence w"''  haue  beene  rernarkeable  since  o'  first  vndertaking  of  these 
Plantacons,  Mr.  Deputy,  Capt.  Mason,  Mr.  Stone,  with  Mr.  Good- 
wyn,  are  desired  to  take  the  paines  seuerally  in  theire  seuerall 
Townes,  and  then  jointly  together,  to  gather  vp  the  same  and  deliuer 
them  in  to  the  General!  Courte  in  September  next,  and  if  it  bee 
judged  then  fitt,  they  may  bee  recorded,  and  for  future  times,  what- 
soeuer  rernarkeable  passages  shall  bee,  and  if  they  bee  publique,  the 
said  parties  are  desired  to  deliuer  in  the  same  to  the  Generall 
[55*]  Courte  :  ||  But  if  any  perticular  person  doe  bring  in  any 
thinge,  hee  shall  bring  it  vnder  the  hands  of  two  of  the  aforemen- 
tioned parties,  that  it  is  true,  then  present  it  to  the  Generall  Courte, 
that  if  it  bee  there  judged  requisitt  it  may  bee  recorded  :  provided 
that  any  Generall  Courte  for  the  future  may  allter  any  of  the  par- 
ties before  mentioned  or  add  to  them,  as  they  shall  judge  meett.* 

It  is  allso  ordered  by  this  Courte  and  decreed,  that  after  the  death 
and  decease  of  any  person  possessed  of  any  estate,  bee  it  more  or 
less,  and  whoe  maketh  a  will  in  writing  or  by  word  of  mouth, 
those  men  w"*"  are  appointed  to  order  the  affaires  of  the  Towne 
where  any  such  person  deceaseth,  shall  within  one  month  after  the 
same  at  furthest,  cause  a  true  Inventory  to  bee  taken  of  the  said  es- 
tate in  writing  ;  as  allso  take  a  Coppy  of  the  said  Will  or  Testament 
and  enter  it  into  a  Booke  or  keepe  the  Coppy  in  safe  custody  ;  as 
allso  enter  the  names  vppon  record  of  the  Children  and  Legatees  of 
the  Testator  or  deceased  person.  And  the  said  orderers  of  the  af- 
faires of  the  Towne  are  to  see  euery  such  Will  and  Inventory  to  bee 
exhibited  into  the  publique  Courte,  within  one  quarter  of  a  yeare, 
where  the  same  is  to  bee  registred.  And  the  said  orderers  of  the 
affaires  of  the  Towne  shall  doe  theire  indeauours  in  seeing  that  the 
estate  of  the  Testator  bee  not  wasted  nor  spoiled,  but  improued  for 
the  best  advantage  of  the  Children  or  Legatees  of  the  Testator,  ac- 
cording to  the  minde  of  the  Testator,  for  theire  and  euery  of  theire 
vse,  and  by  theire  and  every  of  theire  allowance  and  approbation. 
But  when  any  person  dyeth  Intestate,  the  said  orderers  of  the 
affaires  of  the  Towne  shall  cause  an  Inventory  to  bee  taken,  and 
then  the  publique  Courte  may  graunt  the  Administracon  of  the 
goods  and  chatties  to  the  next  of  kinn,  jointly  or  seuerally,  and 
devide  the  estate  to  wife  (if  any  bee,)  children  or  kindred,  as  in 
equity  they  shall  see  meett.  And  if  no  kindred  bee  found,  the  Courte 
to  administer  for  the  publique  good  of  the  Common:  provided  ther 

•  Oct.  lOth,  1639.  p.  39,  40. 
48 


554  CODE     OF     LAWS. 

bee  an  Inventory  registred,  that  if  any  of  the  kindred  in  future 
time  appeare,  they  may  haue  justice  and  equity  done  vnto  them. 
And  all  charges  that  the  publique  Courte  or  the  orderers  of  the 
affaires  of  the  Towne  are  at,  about  the  trust  committed  to  them, 
either  for  writing  or  otherwise,  is  to  bee  paid  out  of  the  estate.* 

Whereas  allso.  It  was  recomended  by  the  Commissioners,  that  for 
[56*]  the  more  free  and  speedy  passage  of  Justice  ||  in  each  Juriss- 
diction,  to  all  the  Confederates,  If  the  last  Will  and  Testament  of 
any  person  bee  duely  prooued  in,  and  duely  certified  from  any  one 
of  the  Colonyes,  it  bee  without  delay  accepted  and  allowed  in  the 
rest  of  the  Colonyes,  vnless  some  just  exception  bee  made  against 
such  will  or  the  proouing  of  it,  w""''  exception  to  bee  forthwith  duely 
certefied  back  to  the  Colony  where  the  said  Will  was  prooued,  that 
some  just  course  may  bee  taken  to  gather  in  and  dispose  the  estate 
without  delay  or  dammage.  And  allso  that  if  any  knowne  planters 
or  settled  inhabitants  dye  Intestate,  Administracon  bee  graunted  by 
that  Colony  vnto  w'^*'  the  deceased  belong,  though  dying  in  another 
Colony.  And  the  Administracon  being  duely  certefied,  to  bee  of 
force  for  the  gathering  in  of  the  estate  in  the  rest  of  the  Colonyes, 
as  in  the  case  of  Wills  prooued,  where  no  just  exception  is  returned- 
But  if  any  person  possessed  of  an  estate,  who  is  neither  planter  nor 
setled  inhabitant  in  any  of  the  Colonyes,  dye  Intestate,  the  Admin- 
istracon (if  just  cause  bee  found  to  giue  Administracon,)  bee  graunt- 
ed by  that  Colony  where  the  person  shall  dye  and  departe  this  life, 
and  that  care  bee  taken  by  that  Gouernement  to  gather  in  and  se- 
cure the  estate,  vntill  it  bee  demaunded  and  may  bee  deliuered  ac- 
cording to  rules  of  justice : — Which  vppon  due  consideracon  was 
confirmed  by  this  Courte,  in  the  behalfe  of  this  Colonye,  and  or- 
dered to  bee  attended  in  all  such  occasions  for  the  future  :  provided 
the  Generall  Courtes  of  the  the  other  Colonyes  yeild  the  like  assent 
therevnto."}" 

SCHOOLES. 

It  being  one  chiefe  project  of  that  old  deluder  Sathan,  to  keepe 
men  from  the  knowledge  of  the  Scriptures,  as  in  former  times  keep- 
ing them  in  an  vnknowne  tongue,  so  in  these  latter  times  by  per- 
swading  them  from  the  vse  of  Tongues,  so  that  at  least  the  true 
sence  and  meaning  of  the  originall  might  bee  clouded  with  false 
glosses  of  saint  seeming  deceiuers ;  and  that  Learning  may  not  bee 

•Oct.  lOlll,  1639.  p.  39. 

t  Recommended  by  Comm'rs  of  the  U,  Colonies,  Sept.  1648,  and  confirmed  by  the  General 
Court,  Mar.  14th,  1648-9.  p.  J 79. 


CODE      OF     LAWS.  555 

buried  in  the  Graue  of  o''  Forefathers,  in  Church  and  Common 
wealth,  the  Lord  assisting  our  indeauors, — It  is  therfore  ordered  by 
this  Courte  and  Authority  thereof,  that  euery  Towneshipp  within 
this  Jurissdiction,  after  the  Lord  hath  increased  them  to  the  number 
of  fifty  houshoulders,  shall  then  forthwith  appoint  one  within  theire 
[57*]  Towne  to  teach  ||  all  such  children  as  shall  resorte  to  him,  to 
write  and  read,  whose  wages  shall  bee  paid  either  by  the  parents  or 
masters  of  such  children,  or  by  the  Inhabitants  in  generall  by  way 
of  supplye,  as  the  maior  parte  of  those  who  order  the  prudentialls 
of  the  Towne  shall  appointe ;  provided  that  those  who  send  theire 
children  bee  not  oppressed  by  more  then  they  can  haue  them  taught 
for  in  other  Townes.  And  it  is  further  ordered,  that  where  any 
Towne  shall  increase  to  the  number  of  one  hundred  families  or 
housholders,  they  shall  sett  vp  a  Grammer  Schoole,  the  masters 
thereof  being  able  to  instruct  youths  so  farr  as  they  may  bee  fitted 
for  the  Vniversity.  And  if  any  Towne  neglect  the  performance 
hereof  aboue  one  yeare,  then  euery  such  Towne  shall  pay  fine 
pounds  p"^  Annu,  to  the  next  such  Schoole,  till  they  shall  performe 
this  order. 

The  propositions  concerning  the  maintenance  of  Schollars  at 
Cambridge,  made  by  the  Comissioners,  is  confirmed.  And  it  is  or- 
dered, that  two  men  shall  bee  appointed  in  euery  Towne,  within 
this  Jurissdiction,  whoe  shall  demaund  what  euery  familye  will 
giue,  and  the  same  to  bee  gathered  and  brought  into  some  roome, 
in  March,  and  this  to  continue  yearly  as  it  shall  bee  considered  by 
the  Comissioners.* 

SECRETARY. 

It  is  ordered  and  decreed,  that  within  twenty  dayes  after  the  sess- 
ion of  euery  Generall  Courte,  the  Secretary  thereof  shall  send  forth 
Coppies  of  such  Lawes  and  orders  as  are  or  shall  bee  made  at  either 
of  them,  w''*'  are  of  generall  concernement  for  the  gouernement  of 
this  Commonwealth,  to  the  Constables  of  each  Towne  within  this 
Jurissdiction,  for  them  to  publish  within  .fourteene  dayes  more,  at 
at  some  publique  meeting  in  theire  seuerall  Townes,  and  cause  to 
bee  written  into  a  Booke  and  kept  for  the  vse  of  the  Towne.  And 
once  euery  yeare  the  Constables  in  each  Towne  shall  read  or  cause 
to  bee  read  in  some  publique  meeting  all  the  Capitall  Lawes,  and 
giue  notice  to  all  the  Inhabitants  where  they  may  at  any  time  see 
the  rest  of  the   Lawes  and  orders  and  acquaint  themselues   there- 

*  Confirmed  by  the  General  Court,  Oct.  25th,  1644.    p.  112  ;  Jfote. 


556  CODE      OF      LAWS. 

with:  And  the  Secretary  of  the  Courte  shall  haue  twelue  pence  for 
the  Coppy  of  the  orders  of  each  Session  aforesaid,  from  each  of  the 
Townes.* 

[58*]  And  it  is  further  ordered  that  the  Secretary  of  the  Courte 
shall  record  such  Wills  and  Inventoryes  as  are  exhibited  into  the 
said  Courte,  and  shall  fyle  the  originall  of  them,  and  giue  a  Coppy 
thereof  to  such  as  desire  it,  for  w'^''  hee  shall  haue  for  euery 
Record  of  any  Will  or  Inventory,  or  both,  w'^''  is  aboue  the  sum  of 
forty  pounds,  three  shillings  foure  pence ;  and  for  euery  coppy  of 
them  or  either  of  them,  one  shilling  eight  pence  :  And  for  euery 
search  or  supervising  of  them  six  pence :  allso  for  recording  of 
euery  Will  or  Inventory,  or  both,  w"""  is  aboue  the  sum  of  thirty 
pounds  and  vnder  the  sum  of  forty  pounds,  two  shillings  six  pence  ; 
and  for  euery  coppy  of  them,  or  either  of  them,  fifteene  pence  ;  and 
for  euery  search  or  supervising  of  them  foure  pence :  Allso  for 
euerj^  Attachem',  twelue  pence,  and  for  euery  Bond  or  Recognis- 
cance  in  or  about  the  same,  six  pence :  Allso  for  euery  Execution 
above  fine  pounds,  the  Secretary  shall  haue  twelue  pence,  and  for 
euery  Execution  vnder  fine  pounds,  six  pence  :  Allso  for  the  entry 
of  euery  or  any  Recogniscance  in  Courte,  six  pence,  and  for  the 
withdrawing  of  it  twelue  pence,  w°''  shall  bee  paide  before  the  boun- 
den  bee  freed  from  his  said  Recogniscance. 

It  is  allso  ordered,  that  whosoeuer  shall  take  out  any  Warrant 
from  the  Secretary  of  the  Courte,  that  concernes  an  Action,  shall, 
before  hee  hath  a  Warrant,  enter  his  Action  with  the  Secretary,  and 
then  take  out  his  Warrant  for  summons  to  answer  the  same ;  for 
w"*"  they  shall  pay  for  euery  entry  twelue  pence,  and  for  euery  War- 
rant, foure  pence,  though  they  agree  with  theire  defend'^  before  the 
Courte.  Allso  if  any  other  Magistrate  shall  graunt  a  Warrant  w'^'' 
concernes  an  Action,  they  shall  enter  the  Action  in  a  small  Booke 
for  that  purpose,  before  they  graunt  the  Warrant,  and  shall  make  a 
due  returne  at  euery  Courte  to  the  Secretary  thereof,  what  such 
Warrants  and  to  whome  they  haue  graunted  ;  and  all  such  persons 
shall  bee  as  lyable  to  pay  twelue  pence  for  euery  such  Action  to  the 
Secretary  of  the  Courte  as  if  they  should  liaue  had  theire  Warrants 
of  him. 

ST  R  A  YE  S  . 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  Avhosoeuer 
shall  take  vp  any  straye  beast  or  find  any  goods  lost,  whereof  the 
owner  is  not  knowne  hee  shall  giue  notice  thereof  to  the  Constable 

*  Oct.  lOth,  1C39  ;  (p.  39  ;)  amended. 


CODE      OF     LAWS.  557 

of  the  same  ToWne,  within  six  dayes,  whoe  shall  enter  the  same  in  a 
[59*]  booke,  and  take  order  that  it  bee  cryed  ||  at  theire  next  Lec- 
ture day  or  generall  meeting,  vppon  three  seuerall  dayes,  and  if  it 
bee  aboue  twenty  shillings  value,  at  the  next  Markitt,  or  two  next 
Townes  publique  meetings,  where  no  Markitt  is  within  ten  miles, 
vppon  paine  that  the  partye  so  finding  and  the  said  Constable  hauing 
such  notice  and  failing  to  doe  as  is  here  appointed,  to  forfeitt,  either 
of  them,  for  such  default  one  thirde  parte  of  the  value  of  such  straye 
or  lost  goods. 

And  if  the  finder  shall  not  give  notice  as  aforesaid,  within  one 
month,  or  if  hee  keepe  it  more  then  three  months,  and  shall  not 
aprize  it  by  sufficient  men,  and  allso  record  it  with  the  Register  of 
the  Towne  where  it  is  found,  hee  shall  then  forfeitt  the  full  value 
thereof.  And  if  the  owner  appeare  within  one  yeare  after  such  publi- 
cation hee  shall  haue  restitution  of  the  same  or  the  value  thereof, 
hee  paying  all  necessary  charges,  and  to  the  Constable  for  his  care 
and  paines,  as  one  of  the  next  Magistrates  or  one  of  the  Townesmen 
shall  adiudge;  and  if  no  owner  appeare  within  the  time  prefixed, 
the  said  straye  or  lost  goods  shall  bee  thus  devided,  one  fourth  parte 
thereof  with  his  reasonable  charge  shall  bee  to  the  finder,  one  fifth 
parte  thereof  or  ten  shillings  to  the  Constable,  at  the  choyce  of  the 
Courte,  and  the  rest  to  the  Common  wealth  ;  provided  there  bee 
three  streakes  dipt  in  the  haire  of  the  neare  buttock  six  inches  long, 
that  they  may  bee  knowne. 

S  W  Y  N  E  . 

It  is  ordered  by  this  Courte,  that  all  the  swyne,  either  hoggs  or 
•shoates,  in  the  severall  plantations  that  are  kept  at  home  within  the 
Towne,  shall  by  September  next  bee  ringed  or  yoaked,  or  kept  vp 
in  theire  yards  "vnder  the  penalty  of  foure  pence  for  euery  such 
swyne,  to  bee  paid  by  the  owner  to  the  party  that  shall  take  the 
swyne  sodefectiue  and  impound  them ;  allso  all  such  as  are  kept  by 
heards  in  the  woods,  shall  not  bee  suffered  to  abide  aboue  one  nighte 
in  the  Towne,  but  that  it  shall  bee  lawfull  to  impouund  them,  in  case 
they  come  at  any  time  home  from  the  middle  of  March  to  the  middle 
of  November.  Fairefeild  and  Strattford  desires  to  bee  included  in 
this  order. 

For  the  better  preserving  Corne  and  meadow  on  the  east  side  of 

the  great   Riuer,  It  is  ordered   by  this  Courte,  that  there   shall  no 

hoggs  nor  swyne  of  any   sorte  bee  put  ouer  thither  or  kept  there  at 

[60*]  any  time,  after  the  ||  publishing  of  this   order,   except  they 

48* 


558  CODEOFLAWS. 

bee  kept  out  of  the  bounds  of  the  severall  Towries  or  in  theire 
yardes  vnder  the  penalty  of  two  shillings  a  head  for  euery  hogg  or 
swyne,  for  euery  time  they  shall  bee  found  there  contrary  to  this 
order. 

TIMBER, 

It  is  ordered  by  this  Courte,  that  no  Timber  shall  bee  felled  with- 
in three  myles  of  the  mouth  of  Mattabeseck  Riuer,  nor  at  vnseason- 
able  times,  viz:  from  the  beginning  of  Aprill  to  the  end  of  Septem- 
ber, and  that  it  bee  improued  into  pipestaues  or  some  other  merchant- 
able comodity,  within  one  month  after  the  felling  thereof,  or  carted 
together  :  and  that  the  Timber  so  improued  shall  not  bee  transported 
from  the  Riuer  but  for  discharge  of  debts  or  fetching  in  some  neces- 
sary provision. 

T  o  B  A  CK  o . 

Forasmuch  as  it  is  obserued  that  many  abuses  are  crept  in  and 
comitted  by  frequent  taking  of  Tobacko,  It  is  ordered  by  the  Au- 
thority of  this  Courte,  that  no  person  vnder  the  age  of  twenty  yeares, 
nor  any  other  that  hath  not  allready  accustomed  himselfe  to  the  vse 
thereof,  shall  take  any  Tobacko,  vntill  hee  hath  brought  a  certificate 
vnder  the  hands  of  some  who  are  approued  for  knowledge  and  skill 
in  phisick,  that  it  is  vsefuU  for  him,  and  allso  that  hee  hath  receiued 
a  lycen&e  from  the  Court  for  the  same.  And  for  the  regulating  of 
those  whoe  either  by  theire  former  taking  it  haue  to  theire  owne 
aprehensions  made  it  necessary  to  them,  or  vppon  due  advice  are 
perswaded  to  the  vse  thereof.  It  is  ordered,  that  no  man  within  this 
Colonye,  after  the  publication  hereof,  shall  take  any  Tobacko  pub- 
liquely  in  the  street,  high  wayes,  or  any  barne  yards,  or  vppon  train- 
ing dayes  in  any  open  places,  vnder  the  penalty  of  six  pence  for 
each  offence  against  this  order  in  any  the  perticulars  thereof,  to  bee 
paid  without  gainsaying  vppon  conviction,  by  the  testimony  of  one 
wittness  that  is  without  just  exception,  before  any  one  Magistrate. 
And  the  Constables  in  the  severall  Townes  are  required  to  make 
presentment  to  each  perticular  Courte  of  such  as  they  doe  vnder- 
stand  and  euict  to  bee  transgressors  of  this  order. 

[61*]  TRESPASSES. 

It  is  ordered  by  tliis  Courte  and  Authority  thereof,  that  if  any 
horse,  or  other  beast,  trespass  in  Corne  or  other  Inclosure,  being 
fenced  in  such  sorte  as  secures  against  Cowes,  oxen,  small  calues, 


CODE     OF     LAWS.  559 

and  such  like  orderly  cattle,  the  party  or  parties  trespassed  shall 
procure  two  able  men  of  good  reports  and  creditt  to  veiw  and  ad- 
iudge  the  harmes,  w'^''  the  owner  of  the  beast  shall  satisfie  (when 
knowne,)  vppon  reasonable  demaund,  whether  the  beast  were  im- 
pounded or  not ;  but  if  the  owner  bee  knowne  and  neare  residing,  as  in 
the  same  Towne,  or  the  like,  notice  shall  bee  left  at  the  vsuall  place 
of  his  aboad,  of  the  Trespass,  before  an  estimacon  bee  made  there- 
of, to  the  end  hee,  or  any  others  appointed  by  him,  may  bee  present 
when  the  judgement  is  made  ;  the  like  notice  allso  shall  bee  left  for 
for  him  of  the  damage  charged  vppon  him,  that  if  hee  approue  not 
thereof  hee  may  repairs  to  the  select  Townsmen,  or  some  of  them, 
whoe  shall  in  such  case  nominate  and  appoints  two  able  and  indif- 
ferent men,  to  reveiw  and  adiudge  the  said  harmes,  w"*"  being  dis- 
charged, together  with  the  charge  of  the  notice,  former  and  latter 
veiw,  and  determination  of  dammages,  the  first  judgement  to  bee 
void,  or  else  to  stand  in  laws. 

TREASURER. 

It  is  ordered,  that  the  Treasurer  shall  deliver  no  mony  out  of  his 
hands  to  any  person,  without  the  hands  of  two  Magistrates,  if  the  sum 
bee  aboue  twenty  shillings ;  if  it  bee  vnder,  then  the  Treasurer  is  to 
accept  of  the  hand  of  one  ;  but  if  it  bee  for  the  payment  of  some  bills 
to  bee  allowed,  w'*"  are  referred  to  some  Comittees  to  consider  of, 
whether  allowed  or  not,  that  such  bills  as  they  allowe  and  sett  theire 
hands  unto,  the  Treasurer  shall  accept  and  giue  satisfaction.* 

V  O  AT  E  S . 

It  is  ordered  by  this  Courte  and  dscresd,  that  if  any  person  within 
these  Libberties  haue  beene  or  shall  bee  fyned  or  whipped  for  any 
scandalous  offence,  hee  shall  not  bee  admitted  after  such  time  to  haue 
any  voats  in  Towne  or  Common  wealth,  nor  to  serus  on  the  Jury 
vntill  the  Courte  shall  manifest  theire  satisfaction. 

VERDICTS. 

That  loue  and  peace,  with  truth  and  righteousnes  may  continue  and 
[62*]  flourish  in  these  confoederated  Colonyes,  ||  It  was,  vppon  the  rec- 
omendation  of  the  Commissioners,  ordered,  that  any  Verdict  or  sentence 
of  any  Courte  within  the  Colonyes,  presented  vnder  authentique  tes- 
timony, shall  haue  a  due  respect  in  the  severall  Courtes  of  this  Ju- 
rissdiction,   where  there  may  bee  occasion  to  make  vss  hereof,  and 

•Jan.  14th,  1638-9.     p.  26. 


560  CODE      OF      LAWS. 

shall  bee  accounted  good  euidence  for  the  partye,  vntill  better  eui- 
dence  or  other  just  cause  appeare  to  allter  or  make  the  same  voide  : 
And  that  in  such  case,  the  issueing  of  the  cause  in  question  bee  res- 
pited for  some  convenient  time,  that  the  Courte  may  bee  advised 
with  where  the  verdict  or  sentence  first  passed.  Provided  notwith- 
standing, that  this  order  shall  bee  accounted  valid  and  improued 
onely  for  the  advantage  of  such  as  Hue  within  some  of  the  eonfceder- 
ated  Colonyes;  and  where  the  verdicts  in  the  Courts  of  this  Colony 
may  receiue  reciprocall  respect  by  a  like  order  established  by  the 
Generall  Courte  of  that  Colonye.* 

VTYNE      AND      STRONG      Vi^  A  T  E  R  . 

Whereas  many  complaints  are  brought  into  the  Courte,  by  reason 
ofdiuerse  abuses  that  fall  out  by  severall  persons  that  sell  wyne  and 
strong  water,  as  well  in  vessells  on  the  Riuer  as  allso  in  severall 
howses  ;  for  the  preventing  hereof.  It  is  now  ordered  by  the  Author- 
ity of  this  Courte,  that  no  person  or  persons,  after  the  publishing  of 
this  Order,  shall  neither  sell  Wyne  nor  strong  water  by  retaile,  in 
any  place  within  these  Libberties,  without  lycense  from  the  perticu- 
lar  Courte  or  any  two  Magistrates,"}"  or  where  there  is  but  one  Magis- 
trate, by  a  Magistrate  and  one  of  those  appointed  to  order  the  affaires 
of  the  Towne. 

WATCHES. 

It  is  ordered  by  this  Courte  and  decreed,  that  there  shall  bee  a  suf- 
fitient  Watch  meinteined  in  euery  Towne,  and  that  the  Constable  of 
each  Towne  shall  duely  warne  the  same  and  see  that  the  inhabitants 
or  residents  doe  severally  in  theire  turnes  obserue  the  same,  accord- 
ing as  the  inhabitants  doe  agree. :j:  And  this  Courte  doth  explaine 
themselues  and  order  that  whosoeuer  within  this  Jurissdiction,  that 
is  lyable  to  watch,  shall  take  a  journeye  out  of  the  Towne  wherein 
hee  liueth  after  hee  hath  had  timely  notice  aud  warninge  to  watch, 
hee  shall  provide  a  watchman  for  that  turne,  though  himselfe  bee 
absent ;  and  if  any  man  that  takes  a  journye,  or  goes  out  of  the 
Towne  wherein  hee  liueth,  if  hee  returne  home  within  a  weeke  after 
the  Watch  is  past  his  howse,  hee  shall  bee  called  back  to  watch  that 
turne  past  a  weeke  before. § 
{63*]     And  for  the  better  keeping  Watches  and  Wards  by  the  Con- 

*  Approved  by  the  General  Court,  Oct.  25th,  1644.  p.  113. 

tFeb.  14th,  1643-4.  p.  100.    The  clause  which  follows  was  added  subsequently. 

4  June,  1636.    p.  2.  §  Sept.    1649.     p.  196. 


CODE      OF      LAWS.  561 

stables  in  time  of  peace,  It  is  ordered  by  this  Courte  and  Authority 
thereof,  that  euery  Constable  shall  present  to  one  of  the  next  Magis- 
trates the  name  of  euery  person  whoe  shall  vppon  lawfuU  warninge 
refuse  or  neglect  to  watch  or  warde,  either  in  person  or  some  other 
fitt  for  that  service:  And  if,  being  convented,  hee  cannott  giue  a  just 
exciise,  such  Magistrate  shall  graunt  warrant  to  levye  fiue  shillings 
on  euery  such  offender,  for  euery  such  default :  the  same  to  be  im- 
ployed  for  the  vse  of  the  Watch  of  the  same  Towne.  And  it  is  the 
intent  of  the  lawe  that  euery  person  of  able  body  (not  exempted  by 
lawe,)  or  of  estate  to  hire  another,  shall  bee  lyable  to  watch  and 
warde,  or  to  supply  it  by  some  other,  when  they  shall  bee  therevnto 
required.  And  if  there  bee  in  the  same  howse  diuerse  such  persons, 
whether  sonnes,  seruants  or  soiourners,  they  shall  all  bee  compella- 
ble to  watch  as  aforesaid.  Provided  that  all  such  as  keepe  families 
at  theire  farmes,  being  remoate  from  any  Towne,  shall  not  bee  com- 
pellable to  send  theire  seruants  or  sonns  from  theire  farmes  to  watch 
and  warde  in  the  Townes. 

wr  o  LU  E  s  . 
Whereas  great  loss  and  dammage  doth  befall  the  Common  wealth 
by  reason  of  Wolues,  w'**  destroy  great  numbers  of  our  Cattle,  not- 
withstanding provision  formerly  made  by  this  Courte  for  suppressing 
of  them  ;  therfore,  for  the  better  incouragement  of  any  to  sett  about 
a  worke  of  so  great  concernement.  It  is  ordered  by  this  Courte  and 
Authority  thereof,  that  any  person,  either  English  or  Indian,  that 
shall  kill  any  Wolfe  or  Wolues,  within  ten  myles  of  any  plantacon 
within  this  Jurissdiction,  shall  haue  for  euery  Wolfe  by  him  or  them 
so  killed,  ten  shillings  paid  out  of  the  Treasury  e  of  the  Country  :  pro- 
vided, that  due  proofe  bee  made  thereof  vnto  the  plantacon  next  ad- 
ioyning  where  such  wolfe  or  wolues  were  killed,  and  allso  bring  a 
certificate  under  some  Magistrates  hand,  or  the  Constable  of  that 
place,  vnto  the  Treasurer. 

WRECKS      OF      THE      SEA. 

It  is  ordered  and  decreed  and  by  this  Courte  declared,  that  if  any 
shipps,  or  other  vessells,  bee  it  freind  or  enemye,  shall  suffer  ship- 
wreck vppon  o""  Coasts,  there  shall  bee  no  violence  or  wrong  offered 
to  theire  persons  or  goods,  but  theire  persons  shall  bee  harboured  and 
releiued,  and  theire  goods  preserved  in  safety,  till  Authority  may 
[64*]     beecertefied  and  shall  take  further  order  therein. 


562  CODE      OF      LAWS. 

VESSELLS. 

It  is  ordered  by  this  Courte  and  Authority  thereof,  that  no  Vessell 
nor  Boate  shall  haue  libberty  to  goe  from  any  Porte  in  any  Towne 
within  this  Jurissdiction,  before  they  haue  entred  with  the  Register 
or  Recorder  in  each  Towne  what  quantity  of  powder  and  shott  they 
carry  forth  with  them  in  theire  said  vessells,  and  shall  take  a  Certifi- 
cate, vnder  the  said  Registers  or  Recorders  hand,  of  the  same,  paying 
to  him  for  every  Certificate,  foure  pence :  And  if  any  vessell  shall 
attempt  to  goe  from  the  said  Towne  or  Porte,  or  Townes  and  Portes, 
before  hee  hath  entred  as  aforesaid,  or  shall  bee  found  with  any 
more  or  greater  quantity  of  powder  and  shott  aboard  the  vessell  or 
vessells  then  they  had  a  Certificate  to  shew  they  had  entred,  shall 
forfeitt  and  pay  for  each  default  the  true  value  of  all  such  powder 
and  shott  as  they  should  haue  entred  as  aforesaid.  And  all  such 
persons  or  Ma'"^  of  such  Vessells  shall  giue  a  true  account,  vppon 
theire  returne,  to  the  said  Recorder  where  they  have  entred  the  prem- 
ises, how  they  haue  disposed  thereof,  vppon  the  former  penalty  : 
And  if  the  said  Towne  Register  or  Recorder  shall  haue  just  cause 
to  conceiue  that  hee  or  they  carry  forth  more  of  the  premises  then  in 
an  ordinary  way  is  requisitt  for  theire  necessary  defence  and  safety 
in  theire  intended  voyage,  then  the  said  persons  or  Ma"'  of  Vessells 
shall  giue  in  security  vnto  the  said  Recorder,  (if  by  him  required 
therevnto,)  that  hee  shall  giue  a  due  account  to  this  Commonwealth 
of  the  same,  vppon  his  returne. 

FORREIGNERS. 

It  is  ordered  by  this  Courte,  that  no  Foreigners,  after  the  twenty 
ninth  day  of  September  next  shall  retaile  any  goods  by  themselues  in 
any  place  within  this  Jurissdiction,  nor  shall  any  Inhabitant  retayle 
any  goods  w"''  belongs  to  any  Forreigner,  for  the  space  of  one  whole 
yeare  after  the  said  twenty  ninth  of  September  next,  vppon  penalty 
of  confisscation  of  the  value  of  one  halfe  of  the  goods  so  retailed,  to 
bee  paid  by  the  seller  of  them. 

[65*]  HOME      LOTTS. 

Whereas  there  is  creeping  in,  in  severall  Townes  and  plantations 
within  this  Jurissdiction,  a  great  abuse  of  buying  and  purchasing 
Home  Lotts  and  laying  them  together,  by  meanes  whereof  great  de- 
populations are  like  to  follow.  It  is  ordered  that  all  dwelling  or  man- 
sion howses  that  are  or  shall  bee  allowed  in  any  plantation  or  Towne 
within  this  Jurissdiction,  shall  bee  vpheld,  repaired  and  meinteined 


CODE      OP      LAWS.  563 

sufficiently  in  a  comely  way  :  As  allso,  whosoeuer  shall  possess  and 
inioye  any  homelotts  within  any  such  plantation  or  Towne,  that  is 
not  yet  built  vppon,  shall,  within  twelue  months  after  the  making  of 
this  order,  erect  and  build  a  howse  there,  fitt  for  an  inhabitant  to 
dwell  in,  vnless  the  Courte,  vppon  knowledge  of  the  case,  finde  cause 
to  abate,  or  giue  longer  time  for  building. 


It  is  ordered,  that  the  prises  of  Corne  for  the  yeare  ensuing,  for  all 
Country  Rates,  (except  where  ingagements  to  the  contrary  are  ex- 
pressed,) shall  bee  as  followeth  : 

Wheat,  foure  shillings  six  pence  p"^  bush: 

Pease,  three  shillings  six  pence  p""  bush: 

Rye,  three  shillings  six  pence  p'  bush: 

Indian,  three  shillings  p""  bush: 
And  that  there  shall  bee  libberty  for  all  men  to  pay  one  thirde  parte 
of  such  Rates,  in  good  Wampum. 


Office  of  Secretary  of  State. 

J  Ijerebu  CCl'tifo,  that  I  have  caused  the  printed  matter 
contained  in  the  foregoing  pages  of  this  volume,  to  be  diligently 
compared  with  the  original  Records  of  the  Colony  of  Connecti- 
cut, prior  to  its  union  with  New  Haven  ;  and  that  I  find  the 
same  to  be  (except  where  otherwise  indicated  and  expressed,) 
a  true,  full,  and  literal  copy  of  the  said  Records. 

3n  testimony  toljcrrof,  I  have  hereunto  set  my  hand 
L.  S.         and  affixed  the  Seal  of  the  said  State,  at  Hartford, 
this  29th  day  of  January,  A.  D.  1850. 

ROGER  H.  MILLS, 

Secretary  of  State. 


APPENDIX. 


No.  I.     (p.  68.) 

LETTER    FROM    SIR    WILLIAM    BOSWELL,    RELATING    TO    THE    ENCROACH- 
MENTS   OF    THE    DUTCH. 

[In  'Colonial  Boundaries,'  Vol.  II.  Doc.  No.  ].] 

Haghe,  22  Jan:  164^,  st.  vet. 
Worthy  Docf  Wright, 

You  cannot  but  imagine  of  how  small  effect  any  instructions  [to 
me]  or  motions  of  myne  heer  are  like  to  be,  vntil  our  aff  "^^^  shalbe  bet- 
ter settled  at  home ;  yet  is  it  vnfit  wee  should  forbeare  to  keep  any 
right  wee  haue  on  foot,  or  to  set  forth  in  due  manner  to  the  States 
th'  encrochem'  of  their  West-Ind"  Comp"^,  (vnder  whose  wing  the 
traders  vpon  Conecticut  &  Planters  in  New  Netherl'',  if  any  be,  doe 
sheltre  themselues,)  vpon  his  Mat""  sub'ts  th''abouts.  VVherfor  my 
aduise  (the  best  I  can  offre  for  present,)  is, — 

1.  That  the  Parties  interessed,  (by  whom  the  Mem'"  enclosed 
hath  been  drawne)  procure  some  Declaracon  or  Act,  from  the  Par- 
lem',  at  least  from  the  Howse  of  Commons,  or  their  Comittee  for  these 
buisinesses  ;  wherby  it  may  appeare,  that  they  take  notice  &  care 
of  our  people  &  plantacons  in  those  p''ts. 

2.  That  they  procure  lettres  likewise,  from  the  Lords  of  the 
Con""  vnto  mee,  w""  this  Mem""  or  the  like  enclosed,  requiring  mee  to 
represent  the  same,  in  whoUe  or  p't,  as  I  shall  see  requisit,  to  the  States 
G'rall,  &  West-India  Comp"^,  or  others,  whom  I  shall  think  propre. 
As  also,  to  doe  what  else  I  shall  iudge  necessary,  for  atteyning  the 
end,  &  quiett  correspond"  between  the  English  &  Dutch  desired  :  And 
to  make  report. 

3.  They  acquaint  the  States  Amb''  in  London  with  the  summe  of 
these  I'res,  Mem''",  &  Act.  And  to  make  him  sensible  of  the  incon- 
ueniences  &  harmes  w''''  may  &  certainly  will  befall  the  West  India 
Comp"*',  &c.,  if  any  quarrells  should  arise  &  spread  from  those  quar- 
ters.    This  to  be  done  by  p''sons  of  qu[ality.] 

4.  That  in  the  mean  tyirie,  th'  English  there  doe  not  forbeare  to 
put  forward  their  plantacons,  and  crowd  on,  crowding  the  Dutch  out 
of  those  places  where  they  haue  [occupied,]  but  without  hostility  or 
any  act  of  violence.  I  will  not  doubt  but  they  are  so  wise  as  to 
stand  vp,  on  their  guard,  with  sufficient  caution,  and  force  to  resist 
any  suddaine  attempt  by  frends  or  foes  vpon  them. 

49 


566  APPENDIX. 

I  shall  heartily  contribute  the  best  of  my  powre  vnto  their  & 
your  content  ;  praying  you  to  pardon  mee  for  not  answering  yo""  I're 
sooner,  hauing  indeed  hoped  to  haue  learned  something  more  to  pur- 
pose, by  the  time  I  haue  taken,     I  rest 

Yo''  assured  ould  frend  &  seru', 

Willm  Boswell. 

Dr.  Laur"  Wright  &c.     At  Chartrehowse. 
For  yourself. 

[Sir  William  Boswell,  was  at  this  time  English  ambassador  to  the  States  General.  How  this 
letter  found  its  way  to  the  Colonial  files,  does  not  appear.  It  is  probable,  however,  that  the 
'  Memorial'  to  which  it  refers,  was  one  drawn  by  Gov.  Hopkins,  (at  that  time  in  England,)  and 
transmitted  through  the  agency  of  his  friend.  Dr.  Wright,  to  the  English  ambassador;  and  that 
the  letter  itself  (indicating  a  course  of  policy  which  seems  to  have  been  closely  adhered  to  by  the 
Colony,  in  their  subsequent  dealings  with  the  Dutch.)  was  brought  to  Connecticut,  by  Gov.  Hop- 
kins, on  his  return,  some  months  afterward.  The  Dr.  Wright  to  whom  it  is  addressed,  is  proba- 
bly  the  same  to  whom  -Mr.  Hopkins,  in  his  will,  bequeathed  a  piece  of  plate  of  the  value  of  jC20, 
desiring  "  his  honored  friend  Dr.  Wright,  to  whom  he  owed  much  more  than  that,  being  much 
engaged,  to  accept  it  only  as  a  testimony  of  his  respect."] 


No.  II.     (p.  112.) 

A    COPPIE    OF    Y^    COMBYNATION    OF    SOUTHAMPTON    w"'    HARFOFlD. 
[From  '  Towns  &  Lands,'  Vol.  I.  Doc.  No,  7.] 

Whereas  formerly  sume  Ouerturs  haue  by  letters  paste  betwixt 
sum  deputed   by    the   Jurissdiction    of  Conectecote    and   others  of 
y'  plantation  of  Southampton  vpon  Long   Hand,  concerning  vnion 
into  one  boddy  and  gouernment,  wherby  y^  said  Towne  might  be  in- 
terested in  y^  general  combination  of  y"  vnited  CoUonies,  for  prosse- 
cution   and  issuing  wherof,  Edward  Hopkins  &  John  Haines  being 
authorised  w"'  power  from  y'  Generall  Corte   for  y"  Jurisdiction  of 
Conecticute,  <fe  Edward  Howell,  John  Gosmore  and  John   More  de- 
puted by  y'  Towne  of  Southampton,  It  was  by  the  said  parties  con- 
cluded &  agreed,  And  y^  said  Towne  of  Southampton  doe  by  their 
said  deputies,   for   them.selues  and   their  successors,  assotiate   and 
joyne  themselues  to  y^  Jurisdiction  of  Conecticote,  to  be  subiectto  al 
the  lawes  there  established,   according  to  y''  word   of  God  and  right 
reson,  w""  such  exceptions  &  limmitations  as  are  hereafter  expressed. 
The  Towne  of  Southampton,  by  reson  of  ther  passage  by  sea  being 
vnder  more  difficulties  and  vncertainties  of  repayreing  to  y"  seueral 
Corts  held  for  y*^  Jurisdiction  of  Conectecote  vpon   y^  mayne  land, 
wherby  they  may  be   constrained  to  be   absent  both  at  y^  times  of 
election  ofMagistrats  and  other  ocations,  w'^''  may  proue  p'judicial  to 
them;  for  p'^venting  wherof,  it  is  agreed,  y'  for  y*"  p''sent  vntil  more 
plantations  be  settled  neere  to  y^  Towne  of  Southampton  w'''may  be 
helpful  each  to  other  in  publike  occations,  (and  y'  by  mutual  agre- 
ment  betwixt  y'  said  Towne  and  y^  Generall  Corte  for  y^  Jurisdiction 
of  Conectecote  it  be  otherwise  ordered,)  there  shalbe  5^early  chosen 


APPENDIX.  567 

two  Magistrals  inhabbiting  vv"*!!!  y*  said  Towne  or  liberties  of  South- 
ampton, who  shal  haue  y°  same  power  w""  y^  P'^ticuler  Courts  vpon 
y^  Riuer  of  Conectecote,  though  no  other  Magistrats  of  y"  Jurisdic- 
tion be  p''sent,  for  y"  Administration  of  Justice  and  other  ocations 
w°''  may  concerne  the  welfare  of  y^  said  Towne,  offences  only  w'^'^con- 
cerne  life  excepted,  or  limbe,  w"*"  always  shalbe  tryed  by  a  Courte 
of  Magistrats  to  be  held  at  y^  Riuers  mouth,  w"*"  said  Magistrats  for 
y^  Towne  aforesaid,  shalbe  chosen  in  manner  following  : 

The  Towne  of  Southampton,  by  y"  freemen  therof  shall  yerely 
p'sent  to  sume  General  1  Courte  for  y"  Jurisdiction  of  Conectecote  or 
to  y"  Gouerner  thereof,  before  y^  Court  of  Election,  w°''  is  y'  second 
Thursday  in  Aprill,  the  names  of  three  of  their  members  of  their 
said  Towne,  and  such  as  are  freemen  therof,  whome  they  nominate 
for  Magistrats  the  yeare  ensuing,  out  of  w"*"  y^  Generall  Courte  for 
y^  Jurisdiction  shall  chouse  two,  who  vpon  oath  taken  before  one  or 
both  of  y^  Magistrats  for  y°  p'cedent  yeare  at  Southampton,  for  y^  due 
execution  of  their  place,  shal  haue  as  ful  power  to  proceede  therin 
as  if  they  had  beene  sworne  before  y°  Gouernor  at  Conectecote.  It 
is  also  provided  y'  y'  freemen  of  y^  said  Towne  of  Southampton,  shal 
haue  libertie  to  voat  in  y"  Courts  of  Election  for  y*  Jurisdiction  of 
Conectecote,  in  regard  of  y*  distance  of  y'  place,  by  proxie.  But  in 
case  the  Towne  of  Southampton  shal,  by  any  extreordinarie  hand  of 
Providence,  be  hindred  from  sending  y^  names  of  y'  three  p'sons  to  be 
in  Election  for  Magistrats,  vnto  y'  Generall  Court  in  Aprill,  or  hauing 
sent,  y'  same  doe  miscarrie,  it  is  in  such  case  then  prouided  & 
agreed,  y'  y^  two  Magistrats  for  y''  precedent  yeare  shal  supply 
y'  place  vntill  y'  next  Generall  Court  for  election. 

It  [is]  agreed  and  concluded,  y'  if  vpon  vewe  of  such  orders  as 
are  alreddy  established  by  y''  General  Court  for  y^  Jurisdiction  of 
Connectecoate,  there  be  found  any  difference  therin  from  such  as  are 
also  for  y^  present  settled  in  y*"  Towne  of  Southampton,  the  said 
Towne  shal  haue  libertie  to  regulate  themselues  acording  as  may 
be  most  sutable  to  their  owne  comforts  and  conueniences  in  their 
own  judgment,  provided  those  orders  made  by  them  concerne  them- 
selues only  and  intrence  not  vpon  y^  interestes  of  others  or  y*  Gen- 
erall Combination  of  y^  vnited  Collonies,  and  are  not  cross  to  y'  rule 
of  riteousness.  The  like  powre  is  also  reserued  vnto  themselues  for 
the  future,  for  making  of  such  orders  as  may  concerne  their  Towne 
ocations. 

It  is  agreed  &  concluded,  y'  if  any  party  find  himselfe  agreved  by 
any  sentence  or  judgment  passed  by  y''  Magistrats,  residing  at 
Southampton,  he  may  appeale  to  sum  p''ticuler  or  General  Court 
vpon  [the]  Riuer,  p'vided  he  put  in  securitie  to  y"  satisfaction  of  one 
or  both  of  y^  Magistrates  at  Southampton  spedily  to  prosecute  his 
said  appeale,  and  to  answer  such  costs  and  dammages  as  shalbe 
thought  meete  by  y"  Court  to  which  he  appeals,  in  case  there  be 
found  no  just  cause  for  his  appeale. 

It  is  agreed  &  concluded,  y'  y'  said  Towne  of  Southampton  shal 
only  beare  their  owne  charges  in  such  Fortifications  as  are  necessa- 
rie  for  their  owne  defence,  maintaining  their  owne  officers  and  al 


568  APPENDIX. 

other  things  that  concerne  themselues,  not  being  lyable  to  be  taxed 
for  fortifications  or  other  expences  y'  only  apertaine  to  the  planta- 
tions vpon  the  Riuer,  or  elswheare.  But  in  such  expences  as  are  of 
mutuall  &  common  concernment,  both  y^  one  and  the  other  shal 
beare  an  equall  share  in  such  proportion  as  is  agreed  by  the  vnited 
Collonies,  vizt.  according  to  the  number  of  males  in  each  plantation, 
from  16  to  60  years  of  age. 

The  oath  to  he  taken  at  Southampton. 
I,  A.  B.  being  an  Inhabitant  of  Southampton,  by  y°  P'^vidence  of 
God,  combined  w*^''  y^  Jurisdiction  of  Conectecote,  doe  acknowledg 
myself  to  be  subiect  to  y^  Gouernment  therof  &  do  sweare  by  the 
greate  and  dreadfull  name  of  the  euerliuing  God  to  be  true  &  faith- 
full  to  the  same,  and  to  submit  both  my  person  &  estate  therunto, 
acording  to  al  the  wholesum  lawes  and  orders  y'  are  or  hereafter 
shalbe  made  and  established  by  lawful  Authority,  w^''  such  limmita- 
tions  &  exceptions  as  are  expressed  in  y°  Combynation  of  this 
Towne  w*  y^  aforesaid  Jurisdiction,  &  that  I  wil  nether  plot  nor 
practice  any  euil  against  y°  same,  nor  consent  to  any  that  shal  so 
doe,  but  wil  timely  discouer  it  to  lawful  authority  there  established  ; 
and  y'  I  wil  as  I  am  in  duty  bound  maintaine  the  honner  of  the  same 
and  of  y®  lawfull  Magistrats  therof,  promoteing  y"  publike  good  of  it, 
whilst  I  shal  continue  an  Inhabbitant  there  ;  &  whensoeuer  I  shal 
giue  my  voate  or  suifrage  touching  any  matter  w"*"  concerns  this 
Common  Wealth,  bein  cald  therunto,  I  wil  giue  it  as  in  my  consience 
I  shal  judg  may  conduce  to  y^  best  good  of  y"  same,  w^ut  respect 
[of]  p'"sons,  or  fauor  of  any  man  ;  soe  help  me  God  in  y''  Lord  Jesus 
Christ. 

The  forementioned  agreements  wear  concluded  y^  day  &  yeare 
aboue  written,  betwene  y^  parties  aboue  mentioned  in  behalf  of 
y^  Jurisdiction  of  Conectecott  and  y"*  Towne  of  Southampton, 
w^*'  refference  to  y*^  aprobation  of  y®  Commissioners  for  y®  vnited  Col- 
lonies, w"''  being  obtayned  the  said  agrements  are  to  be  atended  and 
obserued,  according  to  y^  true  intent  and  purpose  thereof,  or  other- 
wise to  be  voyde  and  of  noe  effect ;  and  in  testimonie  thereof  haue 
interchangably  [         ]  put  to  their  hands. 

[Endorsed,  in  the  hand  writing  of  Secretary  Clark.]    A  coppy  of  ye  Combination  with  South- 
ampton. 


No.   III.      (p.  119,  266.) 

THE    AGREEMENT    WITH    MR.    FENWICK. 

Writers  upon  our  colonial  history,  almost  without  exception,  have 
referred  to  the  contract  with  Mr.  Fenwick,  as  a  purchase  by  Con- 
necticut oi^  the  jurisdiction  right  to  the  territory  included  in  the  Earl 
of  Warwick's  grant  to  Lord  Saj'  &  Sele  and  his  associates,-^or  in 


APPENDIX.  569 

Other  words,  as  an  assignment  to  the  Colony,  of  the  '  Old  Patent'  of 
1632,  held  by  Mr.  Fenwick  and  his  co-proprietors.  Dr.  Trumbull 
has  given  authority  to  this  version,  by  stating  that  "  the  Colony,  on 
the  whole,  paid  Mr.  Fenwick  £1600,  merely  for  the  jurisdiction 
right.,  or  for  the  old  Patent  of  Connecticut;^^  (H.  of  Conn.  1.  150.) 
elsewhere,  that  the  settlers  of  Connecticut  and  N.  Haven  were  the 
2)atentees  of  Viscount  Say  and  Seal,  &c.,  to  whom  the  patent  was 
originally  given  ;"  (p.  28.)  and  again,  (p.  118,)  that  "as  the  colo- 
nists, both  in  Connecticut  and  New  Haven,  were  the  patentees  of 
Lord  Say  &  Seal,  Lord  Brook  and  the  other  gentlemen  interested  in 
the  old  Connecticut  patent,  and  as  that  patent  covered  a  large  tract 
of  country,  both  colonies  v/ere  desirous  of  securing  the  native  title 
to  the  lands."  Mr.  Dwight,  (who  seems  rarely,  if  ever,  to  have 
questioned  the  authority  of  Dr.  Trumbull,  in  matters  connected 
with  the  early  history  of  the  colony,)  repeats  the  statement,  that  the 
colony  paid  Mr.  F.  £1600,  "  merely  for  the  jurisdiction  right,  or  for 
the  old  patent.''     (H.  of  Conn.  p.  109.) 

It  will  be  seen,  however,  on  referring  to  the  agreement  itself,  that 
it  is  merely  a  contract  of  sale,  of  the  fort  at  Saybrook  and  its  appur- 
tenances, and  the  land  upon  the  River, — with  a  pledge  on  the  part  of 
Mr.  F.,  to  convey  to  the  Colony  '?/"  it  come  into  his  power,'  all  the 
land  between  Saybrook  and  Narragansett  River,  included  in  the  old 
patent.  Such  conveyance  does  not  appear  ever  to  have  been  made  ; 
on  the  contrary,  repeated  admissions  of  the  General  Court,  show  that 
it  was  7wt  made,  and  that  so  far  from  receiving  any  legal  assignment 
or  transfer  of  the  old  patent,  the  Colony  was  (so  late  as  1661,)  with- 
out even  a  copy  of  it,  and  not  fully  informed  as  to  the  rights  and  priv- 
leges  which  it  was  supposed  to  confer.  In  the  Instructions  to  Gov. 
Winthrop,*  the  agent  of  the  Colony  for  procuring  the  charter  of  1662, 
the  General  Court  desire  him  "to  use  all  due  means  to  procure  a 
copy  of  the  Patent  referring  to  these  parts,  granted  unto  those  Nobles 
and  Gentlemen  whom  Mr,  Fenwick  did  represent  in  his  sale  to  this 
Colony  ;"  and  in  case  the  copy  could  be  obtained,  Gov.  F.  was  "to 
consider  both  what  privileges,  rights  and  immunities  are  therein 
granted,  and  to  compare  it  with  the  Bay  Patent,"  &c.  In  the  letter 
to  the  Earl  of  Manchester,!  the  General  Court  represent  the  Colony 
as  "  having  neither  Patent  or  copy  of  it,  nor  aught  else  that  may  ensure 
us  of  future  continuance  of  our  present  privileges."  And  if  further 
evidence  is  necessary  that  the  conditional  engagement  of  Mr.  Fen- 
wick, to  procure  an  assignment  of  the  patent,  was  never  performed, 
it  is  furnished  in  the  conditions  of  the  settlement  between  the  Colony 
and  Capt.  CuUick,  (Mr.  F.'s  brother-in-law  and  executor,)  and  in 
the  admissions  of  Mrs.  Cullick,  in  her  petition  to  the  General  Court 
in  1663,  (after  a  copy  of  the  old  patent  had  been  found  by  Gov. 
Winthrop,  among  the  pnpers  of  Mr.  Hopkins. );{: 

The  settlers  of  the  River  towns  had  not, — before  or  after  the  agree- 
ment with  Mr.  Fenwick, — any  right  of  jurisdiction  except  such  as 
grew  out  of  occupation,  purchase  from  the  native  proprietors,  or  (in 

•  See  Appendix,  No.  X,  (1.)  t  App.  No.  X,  (3.) 

t  Pages  327-3-29,  ante;  and  App. Nos.  VI.  and  XL 

49* 


570  APPENDIX. 

the  case  of  the  Pequot  territory,)  of  conquest.  Their  policy  seems 
to  have  been  to  dispose  as  quietly  and  as  cheaply  as  possible  of  the 
claims  of  such  as  challenged  their  title, — into  the  exact  nature  of 
which  they  were  not  disposed  to  provoke  too  close  an  investigation  ; 
assenting  to  the  conditions  of  settlement  imposed  by  Mr.  Fenwick, 
(as  the  agent  of  the  Patentees,)  until  they  were  enabled  by  the  pur- 
chase of  Saybrook,  to  relieve  themselves  from  present  or  possible 
exactions  made  in  the  name  of  his  employers,  and  to  conciliate  the 
only  rival  claimant  to  jurisdiction  whom  they  had  then  reason  to  fear; 
waiting  patiently  for  some  favorable  turn  in  the  affairs  of  the  mother 
country,  which  should  enable  them  to  obtain  from  the  Sovereign,  a 
recognition  and  confirmation  of  the  right  to  self-government,  which 
they  had  from  the  first  asserted  and  maintained. 


No.  IV.     (pp.  311,  389.) 

CLAIMS    OF    MASSACHUSETTS    TO    THE    PEQUOT    COUNTRY. 

The  right  of  jurisdiction  to  that  portion  of  the  Pequot  territory 
lying  between  Pequot  (Mystic)  River,  on  the  West,  and  Wecapaug, 
(a  brook  about  four  miles  east  of  Pawcatuck  River,)  was,  for  many 
years,  warmly  contested  by  Massachusetts  and  Connecticut.  In 
1646,  the  question  being  referred  to  the  decision  of  the  Commission- 
ers, as  to  which  Colony  the  jurisdiction  of  Mr.  Winthrop's  new  plan- 
tation at  Pequot  rightfully  appertained,  "The  Commissioners  for  the 
Massathusets  p''pounded  an  intrest  by  conquest ;  the  Commissioners 
for  Conecticot  by  Patent,  purchase  and  conquest.  It  was  remem- 
bred  that  in  a  treaty  betwixt  them  at  Cambridge,  1638,  not  p''fected, 
a  p'"position  was  made  that  Pequot  River  in  reference  to  the  conquest 
should  be  the  bounds  betwixt  them."  As  the  new  plantation  was 
upon  "  the  west  syde  of  Pequott,  &  soe  within  the  bounds  at  first 
p'pounded  for  Conecticott,"  the  Commissioners  decided  that  "  un- 
lesse  the  Massathusets  hereafter  shewe  better  title,  the  Jurisdiction 
should  belong  to  Conecticott." 

The  next  year,  the  question  again  came  up  for  review,  when  the 
decision  of  the  former  year  was  confirmed  and  established  in  rela- 
tion to  the  new  plantation  ;  Mr.  Winthrop  "  expressing  himselfe  as 
more  indifferent,"  having  probably  eflected  some  satisfactory  ar- 
rangement with  the  General  Court  of  Connecticut,  (by  whom  he 
was  shortly  after  commissioned  as  a  Magistrate,  at  Pequot.) 

Some  ten  years  later,  a  considerable  number  of  settlers  who  had 
located  themselves  farther  to  the  eastward,  (within  the  limits  of  the 
present  town  of  Stonington,)  under  grants  from  Massachusetts,  were 
invested  by  the  General  Court  of  that  Colony,  Oct.  1658,  with  town 
privileges,  by  the  name  of  Soulherlown.  To  this  settlement,  or  rather, 
to  the  whole  of  the  territory  which  it  in  part  occupied,  the  General 


APPENDIX,  571 

Court  of  Connecticut  had  given  the  name  of  '  Mystic  and  Pawcatuck,' 
and  claimed  over  it  exclusive  jurisdiction  right,  as  embraced  with- 
in tlie  limits  of  their  purchase  from  Mr.  Fenwick,  as  well  as  by 
right  of  conquest.  Massachusetts  did  not,  liowever,  abandon  her 
claims,  until  after  the  charter  of  1662  had  confirmed  to  Connecticut 
the  eastern  boundary  claimed  under  their  "old  patent,"  the  Earl  of 
Warwick's  grant, — '  Narragansett  River,  commonl)^  called  Narra- 
gansett  Bay.' 

The  following  documents  relating  to  this  controversy  are  pre- 
served among  the  files,  in  the  State  Department : — 

1,  A  certified  copy  of  an  order  ofthe  Gen.  Court  of  Massachusetts, 
May  eth,  1646,  empowering  Mr.  Winthrop,  to  appoint  some  place 
"on  the  other  side,  that  is  on  the  east  side  ofthe  great  River  ofthe 
Pequot  Country,"  "  for  the  convenient  planting  and  subsistence"  of 
such  Indians  as  should  be  willing  to  remove  thither,  from  within  the 
limits  of  the  new  plantation;  and  to  set  out  lots,  and  to  govern  the 
people  ofthe  plantation  ;  associating  with  him,  Mr,  Thomas  Peters, 
"  for  the  better  carrying  on  ofthe  worke."     [Towns  &  Lands,  1.  39,] 

2,  Letter  from  Massachusetts,  (by  Edward  Rawson,  Secretary,) 
to  the  General  Court  of  Connecticut,  dated  October  21st,  1657  ;  com- 
plaining ofthe  exercise  of  jurisdiction  by  Connecticut,  over  the  ter- 
ritory east  of  Pequot  River,  which  had  been  established  by  the  Com- 
missioners in  1646  and  1647,  as  the  boundary  between  the  two  Col- 
onies; and  desiring  Connecticut  to  "friendly  yield  up  those  afore- 
said lands  on  the  east  side  of  Pequot  river,"  and  to  forbear  further 
exercise  of  authority  there,  without  the  consent  of  the  inhabitants, 
until  the  matter  should  be  determined  by  the  Commissioners.  A 
petition  which  had  been  recently  presented  by  the  inhabitants  of  the 
disputed  territory,  is  referred  to,  as  giving  occasion  for  the  letter. 
[Ibid.  No.  40,] 

3,  Copy  of  a  letter  from  the  General  Court  of  Connecticut,  in 
reply  to  the  foregoing,  (dated.  May  10th,  1658,)  denying  that  Mas- 
sachusetts had  ever  "challenged  an  interest"  in  the  Pequot  country, 
*'  either  by  protest  or  letters,  or  so  much  as  the  least  intimation  by 
word,  or  any  act  whatsoever,  since  that  case  was  fully  &.  clearly 
determined  by  the  Commissioners  in  the  year  1647,  at  which  time 
they  declared  that  Jurisdiction  goeth  constantly  with  the  Patent ;" 
claiming  to  have  hitherto  enjoyed  uninterrupted  possession  of  the 
territory  in  question,  and  to  have  exercised  authority  there,  with  the 
consent  ofthe  inhabitants,  most  of  whom  had  "by  oath  of  fidelity 
submitted  thereto  ;"  expressing  surprise  that  Massachusetts  should 
pretend  a  claim  to  those  parts,  and  impower  persons  to  lay  out  lands 
there.  An  assent  is  given  "  in  a  friendly  manner,"  to  the  proposi- 
tion of  Massachusetts  to  refer  the  question  to  the  Commissioners, 
with  the  understanding  that  that  colony  should  meanwhile  forbear 
to  exercise  jurisdiction  or  authority,  until  their  better  right  by  con- 
quest should  be  made  to  appear,     [Ibid.  No,  41,] 

4,  A  letter  from  the  Commissioners  of  the  United  Colonies,  to 
Connecticut,  (dated  Sept.  18th,  1658,)  in  reply  to  one  received  from 


572  APPENDIX. 

the  General  Court,  dated  Aug.  2d,  (a  copy  of  which  has  not  been 
preserved,)  "  intimating  a  difference  between  the  Government  of  the 
Massachusetts  and  them,  concerning  the  division  of  the  Pequot 
country  ;"  accompanying  which  was  sent  a  copy  of  the  decision  of 
the  Commissioners,  in  the  premises.  By  this  decision  Mystic  River 
is  made  the  boundary  between  the  colonies  "  soe  far  as  the  Pond  by 
Lanthorne  hill,  and  thence  from  the  middle  of  the  said  pond,  to  run 
away  upon  a  north  line."  [The  letter  is  filed  in  'Indians,'  Vol.  1. 
No.  3.  The  decision  may  be  found  in  the  Records  of  the  U.  Colo- 
nies. Both  are  prmted  (with  some  errors,)  in  Hazzard's  S.  Papers, 
2.  395-397.] 

5.  Proceedings  of  the  Commissioners,  in  September,  1659,  upon 
the  application  of  Connecticut  for  a  '  review  of  the  case  respecting 
Mystic  and  Pawcatuck.'  [Rec.  of  U.  Colonies.  A  part  of  the 
original  ininutes  of  the  Commissioners,  (with  their  signatures,)  are 
in  'Miscellanies,'  Vol.  1.  No.  88.     See  Hazzard,  2.  415.] 

The  General  Court  in  May,  had  ordered  letters  to  be  sent  to  Mas- 
sachusetts, '  to  inform  them  that  it  is  our  desire  and  resolution  to 
bring  the  case  respecting  Mystic- and  Pawcatuck,  unto  a  review,  or 
second  consideration,  at  the  meeting  of  the  Commissioners,'  and  ap- 
pointed Major  John  Mason,  'to  act  in  behalf  of  the  Colony,  in  the 
business.'  (page  335,  ante.)  Accordingly,  in  September  follow- 
ing, Major  Mason  presented  to  the  Comissioners  the  plea  of  Connec- 
ticut, claiming  right  to  exclusive  jurisdiction  'by  patent,  conquest, 
possession  and  allowance.'  The  Commissioners  having  '  duly 
weighed  and  considered'  the  application,  with  the  reply  of  the  Com- 
missioners of  Massachusetts,  and  the  ensuing  replication  and  rejoin- 
der, decided  that  they  '  saw  no  cause  to  vary  from  the  determination 
given,  in  the  last  year.' 


No.  V.  (p.  316.) 

LETTER    TO    EASTHAMPTON. 
[In  '  Towns  &  Lands,'  Vol.  I.  Doc.  No.  8.] 

Gen:  &  Lovinge  Friends, 

We  havinge  received  your  Letter  and  findinge  recorded  a  Court 
order  of  1649,  wherein  y""  Court  declared  their  acceptance  of  your 
Tov/ne  vnder  this  Government;  a  coppy  whereof  we  have  herewith 
sent  you  ;  and  havinge  received  a  full  resignation  of  your  Towne 
vnder  this  goverraent,  by  your  Agents,  Life'  Gardner  etc:  we  shall 
present  y"  same  to  our  next  Gen:  Court  for  a  further  and  .full  con- 
firmation thereof:  And  in  y^  meane  tyme  did  take  y' case  wh''''  was 
presented  from  you  into  serious  consideration  ;  and  tbere  hath  passed 
a  legall  tryall  therevpon ;  wherevpon,  tho  there  did  not  appeare 
sufficient  evidence  to  proue  her  guilty  yet  we  cannot  but  well  ap- 


APPENDIX.  ^     573 

proue  and  commend  the  Christian  care  &  prudence  of  those  in  Author- 
ity with  you,  in  searchinge  mto  y'  case,  accordinge  to  such  just  sus- 
picion as  appeared. 

Also  we  thinlie  good  to  certify  y'  it  is  desired  &  expected  by  this 
Court,  y'you  should  cary  neighbourly  &  peaceably,  without  just  of- 
fence, to  Jos:  Garlick  &  his  wife,  &  y'  y^  should  doe  y"  like  to  you. 
And  y=  charge  wee  conceive  &  advise  may  be  justly  borne  as  fol- 
loweth  :  1.  Y'  Jos:  Garlick  should  beare  y'  charge  of  his  wives  dyete 
&  ward  at  home,  with  y"  charge  of  her  tranceportation  hither  &  re- 
turne  home ;  21y,  y'  your  Towne  should  beare  all  theire  owne 
charges  at  home  <&  the  charge  of  theire  messengers  &  witnesses  in 
bringinge  the  case  to  tryall  here  &  theire  returne  home  ;  the  Court 
beinge  content  to  put  y'  charge  of  the  tryall  here,  vpon  y^  Coun- 
try's account. 

[The  copy  of  this  letter  preserved  on  file,  is  believed  to  be  in  the  hand  writing  of  Gov.  Win- 
throp.  It  is  not  dated,  but  must  have  been  written  sometitiie  in  the  spring  of  1658.  The  ref- 
erence to  the  case  of  Jos.  Garlick  and  his  wife  is  important,  as  furnishing  evidence  of  the  action 
of  the  General  Court  upon  the  first  case  of  witchcraft  (an  imported  case,  by  the  way.;  brought 
before  them  for  trial,  At  a  town  meeting  in  Easthampton.  Mar.  19th,  1657-8,  it  was  "  ordered, 
and  by  a  major  vote  of  the  inhibitanrs  of  this  Towne  agreed  upon,  that  Thomas  Baker  and 
John  Hand  [should]  go  into  Keniticut  for  to  bring  us  under  their  government  according  to  the 
terms  as  Southampton  is ;  and  also  to  carry  Goodwife  Garlick,  that  she  may  be  delivered  up 
unto  the  authorities  there  for  the  triall  of  the  cause  of  Witchcraft  which  she  is  suspected."* 
"This  poor  woman,"  says  Mr.  Gardiner,  "had  had  a  trial  in  Easthampton,  for  witchcraft,  but 
nothing  was  done.  It  was  referred  to  the  General  Court  at  Hartford."  The  grounds  of  the  ac- 
cusation and  further  particulars  of  the  case,  may  be  seen  in  Woods,  Thompson's,  and  Prime's 
Histories  of  Long  Island.] 


No.  VI.     (p.  238.) 


THE    SETTLEMENT    WITH    MR.    CULLICK. 

Dr.  Trumbull,  referring  to  the  final  adjustments  of  accounts  with 
Capt.  Cullick,  remarks,  that  "it  appeared  that  Mr.  Cullick  and  the 
heirs  of  Mr.  Fenwick  were  indebted  five  hundred  pounds  sterling  to 
the  colony,  which  had  been  paid  them,  more  than  what  was  due  ac- 
cording to  the  original  agreements  with  Mr.  Fenwick."  (Hist,  of 
Conn.  1.  238.)  This  statement  is  not  strictly  correct, — as  reference 
to  the  terms  of  settlement,  and  to  the  previous  action  of  the  General 
Court,  will  show.  Mr.  Cullick,  (as  the  agent  of  his  brother  in  law, 
Mr.  Fenwick,  after  the  return  of  the  latter  to  England,)  had  received 
from  the  several  towns  their  annual  payment  to  the  '  Fort  rate,'  stip- 
ulated for  in  the  agreement  between  Mr.  F.  and  the  colony,  in  1644. 
By  one  of  the  articles  of  this  agreement,  Mr.  Fenwick  had  engaged 
to  secure  to  the  Colony,  '  if  it  came  into  his  power,'  the  right  of  ju- 
risdiction to  the  territory  embraced  in  the  Earl  of  Warwick's  grant 
to  Lord  Say  &  Sele  and  his  associates.     This  engagement  remaining 

*  See  Gardiner's  Notes  on  Easthampton  &c.  in  Doc.  Hist,  of  N.  York,  Vol.  1,  page  683. 


574  APPENDIX. 

unfulfilled  at  the  death  of  Mr.  Fenwick,  the  General  Court  sought  to 
recover  from  his  agent,  a  portion  of  the  monies  which  had  been  paid, 
as  was  alleged,  without  valid  consideration.  They  therefore  refused 
to  surrender  Mr.  Fenwick's  estate,  which  by  his  will  had  been  devi- 
sed to  his  sister,  (Mrs.  Cullick,)  or  to  grant  administration  thereon, 
until  an  equitable  settlement  of  accounts  should  be  effected.  By  the 
conditions  of  this  settlement,  Capt.  Cullick  compromised  with  the 
colony,  by  the  repayment  of  £500,  and  an  acquittance  of  all  claims 
against  the  colony  grjwing  out  of  the  agreement  for  the  purchase  of 
the  River :  and  the  Court  released  the  estate  of  Mr.  Fenwick  from 
the  restraint  formerly  imposed,  and  discharged  Mr.  and  Mrs.  Cullick 
from  all  existing  liabilities,  '  so  far  and  no  further,  as  the  estate  be- 
queathed to  them  had  any  reference  to  the  agreement.'  [See  pages 
318,  329,  338,  341,  345,  357  ;  Petition  of  Mrs.  Cullick,  App.  No. 
XI;  Agreement  with  Mr.  Fenwick,  App.  No.  III.  The  "repay- 
ing of  £500"  of  "the  monies  expended  in  our  agreement  with  Mr. 
Fenwick,"  is  alluded  to  in  the  Instructions  to  Gov.  Winthrop,  App. 
No.  X.] 


No.  VII.     (p.  341.) 

GEORGE    fenwick's    WILL. 

A  certified  copy  of  Mr.  Fenwick's  Will,  (probably  the  same  that 
was  exhibited  to  the  General  Court,  October,  1659,)  is  preserved 
in  Vol.  1.  of  '  Private  Controversies,'  Doc.  No.  9.  The  introduc- 
tion is  as  follows  : 

"  The  councell  which  the  Prophett  gave  to  King  Hezekiah,  upon 
ye  Lord's  message  to  him  that  hee  should  dye  and  not  live,  is  season- 
able for  all,  it  being  as  true  of  all  others  as  of  him  that  they  must  dye 
and  not  live,  the  truth  of  which  is  not  more  certain  then  y^  time  un- 
certain ;  whereof  by  mercy  being  sensible,  though  att  present  in 
good  health,  I  make  this  my  last  Will  and  Testament,  as  followeth  :" 

First  he  gives  to  his  "  dearely  beloved  wife  Katherine,"*  the  re- 
mainder of  his  term  of  years  in  Worminghurst,  in  lieu  of  that  part 
of  her  jointure  in  Morton,  (Co.  of  Durham,)  which  was  yet  in  lease 
for  five  or  six  years ;  several  articles  of  furniture  and  household 
stuff,  two  suits  of  hangings  '  one  of  Cassar,  the  other  of  Diana,'  '  a 
green  embroidered  bed,'  &  all  the  plate  and  pewter  marked  with 
their  arms ;  all  the  pictures,  and  such  books  as  she  might  choose  to 
take  ;   with  the  coach  and  horses,  &c. 

To  his  "  most  naturall  and  deare  mother,  Mrs.  Dorothy  Clave- 
ing,"  an  annuity  of  £10.  during  her  life. 

*  Mr.  Fenwick's  first  wife  died  before  his  return  to  England,  and  was  buried  at  Saybrook. 
The  second  was  probably  the  daughter  of  Sir  Arthur  Haslerigge,  (who  is  subsequently  referred 
to  as  the  '  fatlier  in  law'  of  the  testator.) 


APPENDIX.  575 

To  his  brother  Claudius,  and  his  heirs  male,  lands  in  Brenckborne 
and  Nether  Frawlington,  in  Northumberland. 

To  his  nephew  Thomas  Ledgard,  and  his  heirs  male,  lands  in 
Thirston  and  Tillington,  Northumberland. 

To  his  sister  Ledgard  and  his  sister  Cullick,  each  £50,  and  to 
their  husbands,  £10  each  :  and  to  his  sister  Cullick's  children,  £100 
a  piece. 

To  his  "  niece  Clifton,"  and  to  his  "  niece  Bootflower's  boy," 
each  £50. 

To  his  daughter  Elizabeth,  "  the  suit  of  Landscape  hangings," 
and  to  his  daughter  Dorothy,  "that  of  Susanna;"  the  remainder  of 
the  household  stuff  to  be  divided  between  them.  Elizabeth,  he  made 
sole  executrix  of  his  will,  and  gave  to  her  the  remainder  of  his  per- 
sonal estate  and  chattels.  A  hundred  pounds  per  annum  to  be  paid 
Dorothy,  "  out  of  [his]  lease  of  the  lands  in  Sussex." 

To  Ralph  Fenwick;  "  now  scholar  of  Christ  Church  in  Oxford," 
£10  per  annum,  for  six  years. 

To  every  servant  20  shillings,  for  each  year  they  had  been  in 
his  service. 

Lands  in  Sussex,  which  descended  to  his  daughters  from  their 
uncle  Edward  Apsley  Esq,  deceased,  some  houses  in  Hartshorne, 
land  in  Middlesex,  and  some  salt  marsh  in  Kent,  near  Upchurch, 
after  the  lease  expired,  his  daughters  were  advised  to  divide  equally 
between  them,  Elizabeth,  the  elder,  being  allowed  the  first  choice. 

This  will  was  executed  Mar.  8th,  16.56-7,  in  presence  of  Robert 
Leeues,  Moses  Fryer. 

A  codicil  added,  the  next  day,  revokes  £.50  per  annum  given  his 
daughter  Dorothy,  from  the  lands  in  Sussex; — and  "  all  gifts  of  sum 
or  sums  of  money,  by  will,  to  Sister  Cullick  and  her  children,"  be- 
queathing, in  lieu  thereof,  "  all  lands,  chattels,  real  &  personal,  that 
are  in  New  England,  and  my  debts  that  are  oweing  there  unto  mee, 
to  bee  divided  amongst  them  and  in  such  manner  asy'  her  eldest  sonne 
may  have  a  double  portion  ;  and  likewise,  that  out  of  itt  may  bee  had 
Jiue  hundred  pound,  which  I  doe  hereby  give  to  y^  jmblique  use  of  that 
country  of  New  England,  if  my  loueing  friend  Mr.  Edward  Hopkins 
think  it  fitt :   And  to  bee  imployed  and  used  to  that  end  as  my  said 
loueing  friend  Mr.  Edw.  Hopkins  shall  order  and  direct." 
To  his  "  deare  and  loueing  wife  Katherine,"  £.500. 
To  his  "  loveing  friend  Mr.  Robert  Leeues,"  £20,  to  buy  books; 
and  desires  him  to  assist  his  executrix,  in  managing  her  estates  in 
Sussex,  Middlesex  and  Kent. 

To  "Dame  Eleanor  Selby,  of  Barwick,"  £10;  with  the  request 
that  his  '  much  honored  good  friend'  would  undertake  the  care  and 
education  of  his  daughter  Dorothy. 

To  his  "  deare  friend  and  father  in  law  Sir  Arthur  Haslerigge," 
and  to  each  of  his  children  ;  to  his  "very  good  friend"  his  "  cousin 
Lawrence  &  his  wife,"  and  to  his  "  cousin  Strickland  &  his  lady," 
"  as  the  remembrance  of  an  affectionate  friend;"  to  his  "dear  & 
good  friend,  Mr.  Edward  Hopkins,  late  warden  of  the  Fleete  ;"  and 


576  APPENDIX. 

to  his  "  father  in  law,  Mr.  Claveringe  &  to  Thomas  Burrell,  Brinke- 
barne"  (Northumberland,)  40  shillings  each,  to  buy  rings  : 

To  his  "  ancient  acquaintance  &  dearely  beloved  friend,  Sir 
Thomas  Widdrington,"  £5,  for  the  same  purpose. 

To  his  good  friend,  "  Aron  Gourdon,  Doctor  of  Phisick,  £10. 

To  his  "  good  friend  Mr.  Tempest  Milner,  Alderman  of  London, 
and  to  his  kinsman,   Mr.  Robert  Key,"  £5,  each. 

£6  per  annum,  to  Tristram  Fenwicke,  for  life  ;  40  shillings  per 
annum,  to  "  Mrs.  Ogle,  of  Leith,  Scotland,"  and  20  shillings  per 
annum,  to  "  Widdow  Clarke,  of  Weldon,"  for  life. 

The  codicil  witnessed  by  John  Stratford,  Ro:  Leeues  and  George 
Hargripe. 

The  will  was  proved  at  London,  and  administration  committed  to 
the  executrix,  his  daughter  Elizabeth,  April  27th,  1657. 

The  copy  is  attested  (for  Thomas  Walker,)  by  Rob  Howard,  Not. 
Publique,  Massachusets  Col.,  Mar.  1st,  1658[9],  from  a  former  copy 
certified  by  Leonard  Browne,  Not.  Publique. 


No.  Vm.     (p.  353.) 

LETTER  TO  THE  COMMISSIONERS  OF  THE  XT.  COLONIES,    COMPLAINING  OF 
AFFRONTS  RECEIVED  FROM  THE  NARRAGANSETTS. 

[Indians,  Vol.  I.  Doc.  No.  4.] 

Hono"^  Gen*: 

The  former  insolent  and  proud  cariage  aud  manifold  abuses  that 
o''  people  in  this  Colony  haue  (as  yo'  Wors^^  vvel  vnd'stand,)  haue 
sustained  from  the  Vncircumcised  Heathens  round  ab-mt  vs,  haue 
bin  noe  small  exercise  to  o""  spirits  quietly,  though  not  contentedly, 
to  beare.  Yet  hopeing  after  soe  much  paines  taken  by  the  Wor- 
shipf  Com""^  at  y^  last  sess"  at  Hartford,  both  by  Messuages  sent  to 
severall  of  them,  and  impositions  and  iniunctions  vpon  them,  for 
wroungs  done,  and  y^  intimations  of  yo"  minds  in  reference  to  such 
carriages  manifested  and  declared  vnto  them,  that  it  might  haue 
prvayled  to  haue  curbed  their  proud  humors  and  in  issue  haue  accom- 
plished a  peaceable  correspondence  in  point  [of]  neighbourly  car- 
riage towards  the  English  for  y^  future.  But  all  candidnes  and  clem- 
ency towards  these  beastly  minded  and  mannered  Creatures  seemes 
rather  to  embolden  them  in  (not  only  vnciuil  and  inhumane)  but  in 
tendency  to  bloody  practices  ;  for  not  many  weeks  now  past,  wee 
are  by  sufficient  information  certified,  that  one  night  at  y'  New 
Plantat"  at  Monheage,  some  Indians,  (aswil  appeare,  oftheNarra- 
gansets,)  shott  11  Bullets  into  a  house  of  o""  English  there,  in  hopes, 
as  they  boasted,  to  haue  slaine  him  whome  we  haue  cause  to  bono'', 
whose  safety  we  cannot  but  take  o''selues  bound  to  promote,  o""  Dep- 
uty Go:,  Maior  Mason  ;    as  also,  slew  another  at  Rob'  Layes,  to  y* 


APPENDIX.  577 

great  affrightment  and  terror  of  Goodwife  Lay.  W"''  outrages,  tho' 
we  cannot  but  iudge  cals  vnto  vs  to  be  awakened  and  to  take  some 
speedy  course  for  distributicn  of  justice  to  those  y'  haue  thus  carried 
towards  vs,  in  o",  yet  bearing  due  respect  to  o'  neere  vnion  to  and 
confosderation  with  y'  other  Collonies,  to  whom  o''  Hues  and  comforts 
are  (we  hope,)  p'cious,  we  thought  meet  to  acquaint  your  Worsh^' 
w""  the  p'misses,  desiring  if  it  may  be,  some  speedy  redress  of  the 
wroungs  done  vnto  vs  in  this  Collony,  and  provision  for  o'  indemnity 
and  security,  w"*"  if  yo'  Worships,  after  yo"'  serious  consideration  on 
what  hath  now  as  an  addition  to  former  matters  bene  p'sented  to  yo' 
WorshP',  see  not  cause  to  stir  or  act  on  o'  behalfe,  we  cannot  but  take 
y'  best  advice  y'  God  shall  direct  vs  vnto  what  God  requires  and  cals 
for  at  o'  hands,  to  provide  for  o'  peoples  safety,  not  onely  in  indeau- 
ouring  to  discouer  the  guilty  but  alsoeto  vsejust  and  lawful  meanes 
to  p'vent  such  abuses  and  affronts  for  y  future.  C  earnest  desire  is 
that  yo'  WorshP'  would  be  pleased  to  expedite  a  returne  to  o'  Gou- 
ernor  Winthrop  or  Deputy  Gouernor,  Maior  Mason,  what  your 
WorsP'  doe  iudge  in  y"  p'misses.  We  intreat  you  to  consider  how 
incongruous  and  cross  it  would  haue  bin  20  yeares  agoe  to  an  English 
spirit,  to  beare  svch  things  as  now  we  are  forct  to  beare,  or  whether 
y^  Indians  would  not  haue  exspected  a  visitation  upon  less  occasions 
then  these  that  haue  of  late  bene  met  with  by  several  of  ours.  We 
cannot  but  conceaue  it  is  high  time  to  renew  vpon  the  memory  of 
these  Pagans  the  obliterate  memorials  of  y^  English.  We  desire  not 
vnnecessarily  to  enlarge,  but  rather  refer  yo'  thoughts  to  a  redupli- 
cate animadversion  on  y'  p'cedent  lines  ;  hopeing  for  a  speedy  inti- 
mation of  yo'  advice  therin  ;  wherein  we  commend  you  to  y°  Infinite 
Wisdom  of  y^  wond'full  Counsellor,  to  guide  and  direct  you  ;  and 
subscribe,  Gent: 

Yo"  in  a  ready  discharge  of  relatiue 
obligations. 

The  p'misses  ordered  to  be  sent  to  ye  Com"  of  y^  other  Collonies, 
June  9^   '60. 

[The  copy  of  this  letter,  preserved  on  file,  is  in  the  handwriting  of  the  Secretary,  Mr.  Clark. 

The  Comtnissioners,  at  their  next  meeting,  (Sept  6- 17th,  1660J  upon  consideration  of  the 
premises,  and  of  similar  complaints  preferred  by  the  English  residents  of  the  new  plantation  at 
Mohegan,  resolved  "  to  require  and  force  the  ^arrogansetts  to  a  just  satisfaction  ;"  and  for  that 
end,  commissioned  Capt  Geo.  Denison,  Thomas  Stanton,  Thomas  .Mynor  and  other.s  to  repair  to 
Ninigretand  the  .Narraganset  sachems  and  require  of  them  the  punishment  of  the  offenders  and 
full  reparation  of  injuries  done  to  the  English  ;  that  "at  lea^t  foure  of  the  chiefs  of  them  that 
shot  into  the  English  house  at  Monhegin  should  be  proceeded  with  and  punished,  according  to 
justice  :  and  in  rase  they  cannot  be  drawn  thereunto."  that  five  hundred  fathoms  of  wampum 
should  he  exacted,  in  ex|iiation  of  the  ofl^ence;  and  that  speedy  payment  should  be  made  of  a 
quantity  of  wampum,  which  the  Commissioners,  the  year  before,  had  required  of  the  Narragan- 
sets,  "  for  insolencies  comitfed  at  Mr.  Brewster's,  in  killing  an  Indian  servant  at  Mrs.  Brewster's 
feet,  to  her  great  affrightment,  and  stealing  corne,  and  other  affronts."  [Rec.  of  Coinm'rs  ;  in 
Hazzard.  ii.  433.] 

The  General  Court,  in  October  following,  (p.  3.5.5,  ante,)  allowed  the  Narragansets  "  two  months 
longer  than  the  time  agreed  on.  according  to  their  desire,  to  bring  in  the  wampum  that  they  are 
assessed  hy  the  Commissioners  to  pay  to  this  Jurisdiction."  The  payment  appears  to  have  been 
made  notions  afterwards, — as,  at  the  next  session  of  the  Court,  in  March,  1661,  it  was  or- 
dered that  "the  wampum  that  the  Commissioners  ordered  to  be  paid  to  Mr.  Brewster,  shall  be 
delivered  unto  him  out  of  that  which  came  from  Narragansett."  (p.  362.)  ] 

50 


578  APPENDIX. 

No.  IX.     (p.  374.) 

LETTERS  FROM  MR.  GOODWIN,  RESPECTING  GOV.  HOPKINS'   LEGACY. 
[Colleges  &  Schools,  Vol.  L  Doc.  Nos.  2  &  3.] 

To  y°  Honored  Courte  that  is  to  be  held  at  Hartford,  in  March 
next  following  y^  date  heerofe. 
Much  Honored, 

We  receaued  wrytings  from  you,  sygned  by  y°  Secretary,  wherein 
you  desire  y^  trustees  to  appointe  a  tyme  &  place  to  meete  with  a 
Comittee  which  you  haue  chosen  to  treate  with  them,  and  to  put  a 
fynall  issue  to  y°  busines  respecting  y'  Legacy.  I  am  desired  in  y* 
name  of  all  y°  trustees,  to  informe  y^  Courte,  y'  we  cannot  entertaine 
y*  motion,  both  for  y'  we  are  not  able  to  vndertake  such  travell,  nor 
do  we  see  any  vse  at  all  of  it  (if  we  were  able  ;)  for  we  haue  ordered 
Three  hundred  &  fifty  pownds,  sett  out  of  Mr.  Hopkins  estate  com- 
mitted to  our  trust,  to  be  alowed  to  Hartford,  vpon  these  conditions 
&  termes  following  : 

(1.)  That  it  be  by  them  improued,  according  to  y*  minde  of  y' 
donor,  exprest  in  his  will.  (2.)  That  y'  Court  do  also  engage  to 
remooue  all  obstructions  out  of  our  way,  that  we  may  not  be  dis- 
turbed, nor  any  way  hindred,  from,  by,  or  vnder  them,  in  y'  man- 
agem'  of  y'  rest  of  y'  estate,  according  to  o'  trust :  that  so  loue  & 
peace  may  be  settled  &  established  between  vs.  (3.)  That  you 
will  deliuer  us  back  y°  attested  coppy  of  y'  Will  sent  vs  from  Eng- 
land, or  els  a  true  Coppy  of  it,  vnder  y^  Seale  of  y'  CoUony. 

Now  if  it  please  the  Honored  Courte  (or  there  Committy)  to  accept 
of  this  Tendry  of  350L.,  as  is  abouesaid,  and  shall  deliuer  vnto  vs, 
or  to  our  atturnies,  an  instrum'  drawne  vp  in  wryting,  &  sealed  with 
y'  Seale  of  y^  Collony,  whearin  all  y'  conditions  of  y°  Tendry  aboue- 
said shalbe  fully  &  plainly  exprest  and  confirmed  by  the  Courte  as 
abouesaide,  before  y'^  last  of  March  next  ensueing  y'  date  heerofe, 
that  then  this  grante  of  350L.  to  Hartford,  as  abouesaid,  shalbe  set- 
tled vpon  them,  to  be  improued  by  them,  according  as  is  exprest  in 
y'  will  of  the  doner.  But  if  y'  Courte  do  not  fully  &  plainely  de- 
clare ther  acceptance,  according  as  is  aboue  exprest,  then  we  heerby 
declare  our  grante  to  them  beer  inserted  to  be  a  nullyty  &,  voyde  ; 
and  thus  I  humbly  take  leave  of  you, 

Subscribing  myselfe,  yo'  Worshipps' 

Hadley,  February  in  all  due  observance, 

24th,  1661.  Will:  Goodwin,  in  y'  name  of 

y^  rest  of  y'  Trustees. 


[The  General  Court  did  not,  at  this  time,  decide  to  accept  [the  conditions  imposed  by  the 
Trustees  ;  and  the  order  of  Feb.  23d,  1659-60,  (p.  345,)  "that  the  estate  of  Mr.  Hopkins  should 
be  secured  within  this  Colony  until  the  said  estates  be  inventoried,  and  the  inventories  presented, 
and  administration  granted  by  this  Court,"  remained  in  force.  Oct.  8th,  1663.  Gov.  Winthrop, 
Mr. -AUyn,  Mr.  Willys  &  Capt.  Taicott,  were  appointed  by  the  General  Court,  "  to  consider  what 
is  meet  to  be  attended  in  reffrance  to  Jlr.  Hopkins  estate  by  him  bequeathed  for  to  be  Improved 


APPENDIX.  579 

for  the  promoting  of  learning,  and  to  make  report  of  their  thoughts  the  next  Court."  (p.  412.) 
The  following  letter  appears  to  have  been  written  in  reply  to  some  communication  addressed  by 
this  Committee  to  the  Trustees.  At  the  next  session  of  the  General  Court  after  its  receipt, 
(Mar.  10th,  1663-4,)  the  restraint  laid  upon  Mr.  Hopltins'  estate  was  removed,  and  administra- 
tion seems  to  have  been  surrendered  to  the  Trustees.] 

To  the  Honoured  Court  at  Hartford. 
Much  Honoured, 

Yours  of  Novemb:  16,  1663,  I  received,  and  not  to  trouble  you 
with  my  answer  unto  your  severall  motives  to  induce  us  to  be  of 
youre  minde,  my  finall  returne  to  all  is  this,  That  as  I  haue  noe  cause, 
soe  I  doe  in  noe  sort  consent  to  that  w^hich  you  were  pleased  to  move 
me  unto,  but  doe  desire  that  your  selves  would  returne  the  estate 
unto  us,  who  only  haue  right  to  dispose  therof,  with  due  satisfaction 
for  all  damage  that  shall  appeare  to  be  done  unto  it,  since  it  hath 
been  taken  out  of  our  hands  ;  which  being  timely  performed,  I  doubt 
not  but  the  three  hundred  and  fifty  pound  tendred  unto  you  in  Feb: 
1661,  may  yet  be  setled  upon  Hartford,  on  such  like  conditions  as  be 
therein  expressd,  tending  to  the  securing  of  the  estate  from  any  far- 
ther obstructions  by  your  means,  and  ordering  of  the  improvment  of 
it  according  to  the  Doners  end,  expressed  in  his  will,  as  our  duty 
bindeth  us  to  doe.  Now  herunto  I  doe  humbly  desire  the  Honoured 
Court  speedily  and  plainly  to  declare  themselves  to  me  (or  to  our 
Attourneys)  whither  they  doe  now  accept  of  this  tendery  or  noe,  with- 
out any  farther  agitations  about  the  disposall  of  it,  which  hath  al- 
ready been  a  great  wrong  to  the  estate  and  Doner  therof,  as  also  to 
us,  the  Trustees,  and  whole  Country  besids ;  the  which  if  you  shall 
decline  to  doe  betwixt  this  and  the  end  of  March  next  ensueing  the 
date  hereof,  this  tendery  also  is  to  be  judged  a  nullity,  and  we  shall 
forthwith  endeavour  the  freeing  of  the  estate  elsewhere,  as  the  great 
betrustment  committed  to  us,  in  all  respects  considered,  in  duty  bind- 
eth us  to  doe  thus.  Hoping  and  heartily  wishing  that  you  would  ac- 
cept of  my  motion,  though  I  cannot  accept  of  yours,  I  rest, 

Hadley,  Feb:  1st,  63.  Yours  to  love  &  serve  you  as  I  may, 

Will:  Goodwin. 


No.  X.     (p.  370.) 

THE    CHARTER    OF    1662. 
[For.  Correspondence,  VoL  II.  Noa.  1-3.] 

Instructions  for  c  Wor^^  Gou'',  Agent  for  and  in  behalf  of  the 
Generall  Court  at  Conecf^,  both  for  p^senting  o^  Address  and  Peti- 
tion to  y  Kings  Matie,  and  also  for  procureing  a  Patient  for  this 
Colony. 

Imp'':  For  advice  and  counsell,  it  is  desired  that  you  would  be 
pleased  to  address  vnto  these  noble  and  gentlemen,  The  Right  Hon- 


580  APPENDIX. 

erable  Lord  Sea,*  Earle  of  Manchester,  Lord  Brooke,  and  alsoe 
Mr.  Nathan"  Fines,  Mr.  Sam"  Peck,  Doct  of  Phisick,  and  Mr. 
Floid,  of  y^  Corporation  ;  vnto  whose  advice  and  counsell  the  Com- 
ittee  doth  refer  you,  according  to  y°  ord"  of  y^  Generall  Court,  to  act 
or  to  desist. 

2d.  It  is  desired  that  you  would  be  pleased  to  vse  all  due  meanes 
to  procure  a  Coppy  of  the  Pattent  referring  to  these  parts,  granted 
vnto  those  Nobles  and  Gent:  whom  Mr.  Fenwick  did  represent  in 
his  act  of  sale  to  this  Collony.  And  in  case  the  Coppy  of  this  Pat- 
tent  can  by  noe  meanes  vsed  be  obteined,  then  you  are  desired  to 
advise  w"'  y°  Counsell  forementioned,  what  to  doe  in  reference  to  y' 
heires  of  Mr.  Fenwick  for  y^  regaining  such  sums  as  haue  bine  dis- 
bursed for  y^  purchase  of  Jurisdiction  Right. 

And  in  case  the  forementioned  Pattent  can  be  procured,  our  de- 
sire is,  that  you  would  be  pleased  to  consid'  both  what  privilidges, 
rights  and  imunities  are  therein  granted,  and  to  compare  it  w""  y* 
Coppy  of  y'  Bay  Pattent ;  and  what  is  conduceable  in  both  to  y* 
welbeing  and  future  comfoi't  of  this  Colony,  our  desire  is  may  be 
inserted  and  comp'^hended  in  the  Pattent  granted  and  confirmed  to 
this  Colony.  [But  in  case  vpon  rep'sentation  of  our  Purchase  and 
moneyes  expended  vpon  it,  the  heires  of  Mr.  Fenwick,  or  any  other 
y°  Pattentees,  doe  tender  the  confirmation  of  the  Pattent,  (y'  we  con- 
ceiue  we  bought,)  we  shal  rest  satisfied  w""  that  Pattent,  provided  it 
may  be  compleated  and  y°  confirmation  finished  w%ut  further  ex- 
pense to  this  Colony. 

But  in  case  a  Pattent  be  yet  to  be  procured  for  the  Collony,  our 
desire  is,  that  it  may  comp'"hend  al  y^  rights,  privilidges,  authority 
and  imunities  that  are  granted  in  y'  Massachuset  Colonyes  Pattent. 
And  that,  respecting  the  Pattent,  it  may  be  granted  and  confirmed 
to  severall  Pattentees,  together  with  theire  Associates  and  such  [as] 
may  be  adioyned  to  them,  their  heires  and  successors,  for  euer. 
The  Extent  of  y^  bounds  to  bee ;  from  y"  limits  or  bounds  of  y^ 
Massachuset  and  Plimouth,  vnto  y"  Delliway  Riuer  south,  or  as  far 
as  may  be  be  granted  that  way.  And  that,  respecting  the  quallifi- 
cat:  of  such  as  may  be  added  as  Freemen  to  this  Company  of  Pat- 
tentees and  associates,  who  only  shall  haue  power  to  choose  any 
officers  that  are  requisite  and  necessary  to  carry  on  the  Affaires  of 
the  Colony — 

Those  who  are  desired  to  be  Patentees  are  the  p'sent  Gouernour, 
Dep:  Gouernour,  Mr.  Henry  Clark,  Mr  Sam"  Willis,  Mr.  Mathew 

*  Lord  Say  &  Sele,  whn  had  done  much  to  promote  the  restoration  of  Charles  II,  was. 
shortly  after  the  king's  return,  made  Lord  Privy  Seal.  In  a  letter  to  Gov.  Winthrop,  (printed 
in  Appendix  to  Trumbull's  Hist,  of  Conn.  No.  IX,)  he  professes  himself  desirous  of  doing 
his  good  friends  in  New  England,  the  best  service  he  could,  and  regrets  that  the  state  of  his 
health  was  such  as  to  prevent  his  going  to  London,  in  person,  to  aid  in  procuring  the  charter ; 
but  informs  Gov.  W.  that  he  had  written  to  the  Earl  of  Manchester  (at  that  time  Lord  Cham- 
berlain of  the  household,)  '•  to  give  the  best  assistance  he  may."  Lord  Say  &  Sele  died  April 
14th,  1662.  His  son,  Nathaniel  Fiennes  (Fines,)  had  been  one  of  the  Commissioners  of 
the  great  seal,  under  the  Parliament,  and  subsequently,  a  member  of  Cromwell's  privy 
council  and  lord  privy  seal.  After  the  restoration,  he  retired  to  his  estates  in  Wiltshire,  where 
he  died  Dec.  16th,  1669.  (Wood's  Ath.  Oxon.  U.  454,)  The  Lord  Brooke,  here  mentioned, 
was  Robert,  son  of  Robert  (second  Lord  Brooke,)  one  of  the  original  proprietors  of  Connec- 
ticut, under  '  the  old  Patent',  or  the  Earl  of  Warwick's  grant. 


APPENDIX.  581 

Allyn,  Mr.  Richard  Treat,  Mr.  William  Phelps,  Nathan  Gold, 
together  w"'  their  Associates  hereafter  named,  M''  John  Warham, 
Sam"  Stone,  John  Whiting,  Sam"  Hooker,  James  Fitch,  Rich:  Lord, 
Henry  Woolcot,  John  Steele,  Edvv:  Stebbin,  John  Talcot,  Beniamin 
JMubery,  Dan"  Clarke,  Mathew  Campfield,  Will"'  Wadsworth,  John 
Hawley,  John  Allyn.]* 

The  p'  sons  whom  we  desire  to  be  nominated  in  y^  Pattent,  to  whom 
it  should  be  granted  and  confirmed  are,  John  Winthrop  EsqS  and 
Maior  John  Mason  Esq',  Sam"  Willis,  Henry  Clark,  Math:  Allyn, 
William  Phelps,  Richard  Treat,  Nathan  Gould,  John  Talcot,  Dan- 
iell  Clark,  John  Deming  Sen',  Anthony  Howkins,  Robert  Warner, 
John  Clark  Sen',  Robert  Royce,  Phillip  Groues,  Jehu  Burr,  Mathew 
Campfield  ;  to  them  and  their  Associates  and  successors. 

The  Bounds  y'  we  doe  p'sent  to  be  inserted  in  o'  Pattent,  if  it  may 
be  obtained,  are,  eastward  to  Plimouth  line,  northward  to  y'  limits  of 
y'  Massathusets  CoUony,  and  westward  to  y"  Bay  of  Delloway,  if  it 
may  bee.f 

And  respecting  liberties  and  privilidges  inserted  in  the  Pattent, 
not  to  be  inferiour  or  short  to  what  is  granted  to  y°  Massachuset. 

And  respecting  Customes,  that  if  it  may  be  obtained,  we,  in  re- 
gard of  our  meane  and  low  condition,  may  be  freed  for  w'  may  be 
exported  from  hence  to  England,  and  from  thence  to  vs,  for  y'  space 
of  21  yeares  or  as  long  as  can  be  procured. 

And  also  y'  y'  Islands  adjacent,  y'  are  not  already  granted  to  any 
other,  may  be  included  in  o'  Patent. 

And  likewise  respecting  the  moneyes  expended  by  o'^  agreement 
"w""  Mr.  Fenwick,  to  take  y'  best  advice  you  can  meet  w"*  from  the 
Noblemen  mentioned  or  others  whom  you  think  meet  to  address  vnto, 
what  is  requisite  to  bee  done  for  to  regaine  y'  money  if  it  may  bee  ; 
declareing,  as  cause  requires,  the  repaying  of  SOOiS.it: 

Our  desire  is,  that  if  it  can  be  procured  there  may  be  a  resolu- 
tion of  y'  p'ticuler  in  y^  Bay  Pattent,  where  they  are  to  begin  to  run 
their  line  twixt  themselves  and  vs. 

We  desire  as  oppertunity  tenders  itself,  that  there  may  be  a  dec- 
laration of  the  carriage  of  Capt.  Femes,  both  respecting  Hai'tford 
shipp  taken  by  Rupert  and  Femes,  as  also  his  stealing  away  the 
Indians. 

Respecting  the  Dutch,  we  desire  that  his  Ma"*  may  be  informed 
of  their  setling  upon  the  Maine,  and  stil  incroaching  vpon  the  English. 

*The  whole  of  the  portion  here  included  in  brackets,  (from  "But  in  case,"  &c.,  on  the 
preceding  page,)  Is,  in  the  original  draught,  marked  across,  with  lines, — and  what  follows  ap- 
pears to  have  been  substituted  on  a  subsequent  revision. 

t  Next  follow  three  lines,  which  were  afterwards  partially  erased,  by  lines  drawn  across 
them  ;  "  But  if  it  cannot  be  granted  that  the  bounds  may  extend  at  least  to  Hudsons  Riuer,  we 
doe  not  judge  it  requisite  to  expend  money  vpon  a  Pattent." 

J  By  Capt.  Cullick,  as  Mr.  Fenwick's  executor.     See  pages,  329,  573,  ante. 


50 


* 


582  APPENDIX. 

[The  Address  to  the  King.*] 

Most  Dread  Soveraigne, 

It  was  far  from  our  purpose  to  be  of  the  latest  of  yo'  Ma""  sub- 
iects,  in  these  o"'  humble  aproaches  vnto  yo""  Royal  p''sence.  We 
are  not  only  seperated  by  soe  vast  an  Ocean  from  our  deare  Eng- 
lish Brethren  that  [have  a]  place  vnder  y^  immediate  influence  and 
splendor  of  soe  great  a  Monarch,  in  y'  princely  Pallace  of  his  re- 
nowned imperial  Civy,  the  glory  of  y^  wiiole  earth,  but  also,  by  a 
lone  tract  of  a  dismal!  wild''ness,  are  very  remote  from  o'  other  Eng- 
lish Americans  of  y°  parts  of  y^  ordnary  recourse  of  shipping  ; 
wherby  we  were  depriued  by  the  too  soone  approaching  Winter, 
together  with  some  other  impediments,  of  the  timely  effecting  of  y' 
which  was  long  since  concluded  o"'  duty  and  desire,  namely  to  pros- 
trate  o''selues  by  an  humble  Address  at  our  soueraigne  Princes  feet. 
Our  Fathers  &  some  few  yet  aliue  of  their  associates  in  so  great 
an  vnd'^taking,  of  transporting  themselues,  their  wiues  and  children, 
into  this  westerne  world,  had  certainly  very  pious  and  publique  ends, 
the  propagation  of  the  blessed  Gosple  of  the  Lord  Jesus  amongst 
the  Heathen,  who  til  then  had  neuer  heard  the  sound  thereof,  as 
also  the  the  honour  and  further  extent  of  the  British  monarchy  ; 
And  thervpon  came  ouer,  vpon  the  full  and  free  consent,  allowance 
and  spetial  fauour  of  his  Highnes,  our  euer  lamented  late  Soveraigne 
Lord,  your  Royal  father  of  glorious  memory,  expressly  declared  in 
his  gratious  L'"  Pattents  granted  to  y"  vndertakers  of  y°  Plantation 
of  y"  Massachusets  Bay,  in  New  England.  In  y'  part  of  the  Coun- 
trey,  neer  the  port  of  their  first  arrival  they  setled  for  a  time,  till 
vpon  experience  they  found  that  place  would  be  too  streight  for  soe 
great  a  number  if  they  should  continue  all  there  long  together. 
They  therfore  vndertooke  a  troublesome,  hazardous  and  chargeable 
discouery  of  the  more  inland  parts  of  y''  Countrey  ;  where  comeing 
to  y'  great  faire  Riuer  of  Conecticut,  haueing  opertunity  by  the  free 
tender  of  y"  sale  of  some  larg  tracts  of  lands  fit  for  y'  setling  of 
diuers  Plantations  or  Townes,  profered  unto  them  by  y^  Sachems  or 
Heathen  Princes  and  with  y'  concurrence  of  y'  other  natiues  vnd^ 
them,  the  then  proprietors  of  those  places,  they  thought  it  very  con- 
venient to  purchase  those  lands  of  them  who  appeared  to  be  the 
owners  and  possessors  of  y^  same  ;  which  could  not  but  tend  to  y* 
enlargment  of  his  Ma"''  Dominions,  and  be  a  good  step  towards  y° 
yet  further  extent  thereof,  and  y'  benefit  of  y''  English  people. 
And  therevpon  transplanted  themselues  and  vs  to  this  place,  where 
we  were  but  now  in  a  manner  vpon  our  very  beginnings  of  takeing 
possession  and  inhabiung  y"  places  w"^  we  had  brought  at  noe  smal 
expences,  when  those  sad  and  vnhappy  times  of  troubles  and  wars 
begun   in   England,   which  we  could  only  bewaile  w"'  sighes   and 

*  Dr.  Trumbull  seems  to  have  overlooked  tliis  document,  and  to  have  confounded  the  Mddress 
and  Petition.  He  speaks  of  the  latter  as  having  been  presented  by  the  Governor  to  the  Court, 
in  May.  (H.  of  Conn.  I.  240.)  It  will  be  seen,  on  reference  to  the  Records,  that  the  Address 
was  '  drawen  vp  and  formed  and  presented'  by  Governor  Winthrop  to  the  Court,  and  referred  by 
them  to  a  Committee,  subsequently  appointed,  'to  peruse  and  compleat  the  Address  and  draw  vp 
the  Petition.'     (page  367,  ante.) 


APPENDIX.  583 

mournfull  teares:  And  haue  euer  since  hid  our  selues  behind  the 
Mountains,  in  this  desolate  desert,  as  a  people  forsaken,  choosing 
rather  to  sit  solitary  and  wait  only  vpon  the  Divine  Providence  for 
protection  than  to  apply  ourselves  to  any  of  those  many  changes  of 
powers,  o''  hearts  as  wel  as  o"'  stations  stil  remaining  free  from  illegal 
ingagements  and  intire  to  yo'  Ma""  intrests,  euen  now  at  y'  returne 
of  o"'  Lord  y'  King  to  his  Crowne  and  dignities.  The  beames  of 
whose  soveraignty  (like  y'  admired  star  y'  appeared  at  nooneday  at 
his  happy  nativity,)  haue  filled  the  worlds  hemisphere  and  appeared 
also  ouer  y'  great  deeps  in  this  our  Horizon ;  wherby  we  are  newly 
animated  and  incouraged  to  take  vpon  vs  this  boldnes  to  implore 
your  Ma'"'  fauour  and  gratious  protection,  y'  you  would  be  pleased 
to  accept  this  Collony,  your  owne  Colony,  a  little  branch  of  yo"" 
mighty  Empire;  y'  as  we  haue  hitherto  (by  y'  great  goodnes  of  y^ 
Almighty,)  since  y^  ouerpassed  difficulties  and  hardships  of  our 
beginnings,  enioyed  peace  and  prosperous  proceedings,  we  might 
yet  be  made  more  happy  in  y"  fruition  and  continuance  of  y^  same, 
through  yo'  Ma"^'  goodnes  and  bounty  in  granting  o'  humble  Peti- 
tion, when  we  shall  haue  liberty  to  p''sent  y"  same  by  a  person  here- 
with sent  from  amongst  vs,  to  attend  yo'  highnes  pleasure,  that  ther- 
by  you  may  haue  a  more  ful  account  of  whateuer  concernes  yc 
poor  Pilgrims  here. 

That  we  p''  sumed  publiquely  and  solemnely  to  proclaime  and  de- 
clare for  yo''  Ma'"  here,  before  we  had  a  forme  and  express  order 
for  y^  same,  we  humbly  craue  yo'  gratious  pardon.  The  expecta- 
tion of  y'  Royall  Comand  therein,  caused  vs  a  while  to  defer,  but  not 
receaueing  it  by  y'  ships  before  winter,  it  made  vs  thus  presume 
vpon  yo"^  fauourable  acceptance  of  o''  publisheing  to  y°  world  o"  true 
allegiance  to  o'  Lord  the  King. 

Most  illustrious  S',  be  please  to  excuse  o'  poverty,  that  haue 
nothing  to  p''sent  yc  Ma''"  from  this  WiWnes  but  o''  hearts  and  loyall 
affections,  w'^''  stir  vs  vp  to  supplicate  y'  Eternall  Ma'",  the  King 
of  Heauen  and  Earth,  for  all  happiness  and  blessings  both  temporall 
and  spirituall  to  be  plentifully  and  abundantly  powred  downe  from 
Heauen  vpon  yo"  Royal  Throne,  that  soe  we  therby,  together  w"'  all 
those  numberles  members  of  yo"'  Ma'"^  subjects,  may  liue  vnder  yo" 
protection  a  quiet  and  peaceable  life  in  all  Godlines  and  honesty. 

With  all  humble  acknowledgm'  of  o"  Loyalty,  real  and  due  sub- 
iection  and  allegiance  to  yo"  Ma'",  we  craue  leaue  in  all  submission 
to  subscribe  o^selues, 

Yo"  Ma""  most  faythful  and  loyall 
subiects  &  servants. 


[Letter  to  the  Earl  of  Manchester. 1 

[The  draught  of  this  letter  preserved  on  file,  is  without  address.  There  can,  however,  be  no 
doubt  that  it  was  designed  for  the  Earl  of  Manchester,  to  whom  Gov.  Winthrop  had  been  referred 
for  'advice  and  counsel' ;  whose  'gracious  inclination,  and  spirit  towards  the  sons  of  Zion'  were 
well  known  to  the  petitioners ;  and  whose  position  and  influence  were  such  as  to  make  it 
highly  important  to  the  Colony  to  secure   his  good  offices  in  their  behalf.    Tiie  Earl  of  Man- 


584  APPENDIX. 

Chester  had  heartily  concurred  in  the  restoration  of  Charles  II,  and  on  the  King's  return  was 
received  into  especial  favor,  made  a  lord  of  the  bed  chamber,  and  of  the  privy  council,  knight 
of  the  garter,  lord  lieutenant  of  Huntingdonshire,  and  subsequently,  lord  chamberlain  of  the 
household  ;  "  in  which  great  charge  he  behaved  himself  with  that  honour,  candour  and  great 
civility,  as  he  justly  obtained  the  affection  and  respect  of  all  men."  (Walker's  H.  of  Kts.of  the 
Garter.)     He  died  May  5th,  1671,  a;t.  69,] 

Right  Ho"': 

O''  p'"sent  station  and  condition  being  by  the  wise  step-ordering 
Providence  of  y^  Almighty  setled  in  this  remote  wild''ness,  Strang's 
in  a  strange  land,  far  distant  from  such  opertunities  that  might  be 
advantagious  to  vs  and  o''  posterity  in  a  familiar  access  by  o'selues 
or  rep'^sentatiues  vnto  his  Highnes  o''  gratious  Soveraigne,  for  y^  ob- 
tayneing  such  fauours  as  may  tend  to  o''  safety  and  settlement,  we 
are  necessitated  to  embrace  opertunities  to  implore  the  aid  and 
countenance  of  such  as  y^  Lord  may  stir  vp  to  be  fauourers  of  the 
work  of  God  amongst  vs.  And  the  abundance  and  plenary  test,  y' 
we  haue  soe  frequently  bene  furnished  w"',  not  only  respecting  y® 
gratious  inclination  and  disposition  of  yo''  Honours  spirit  towards 
the  sons  of  Sion,  but  also  doth  not  a  little  incourage  vs  in  o"'  owne 
behalf  and  as  rep'senting  the  whole  Colony,  humbly  to  p''sent  o'  de- 
sires and  earnest  requests  vnto  yo'  Lordship,  to  afford  vs  yo"^  fauour 
in  countenancing  and  vshering  into  y®  Kings  Ma""  audience  o''  Ad- 
dress and  Petition,  if  yo"'  Honour  judge  it  seasonable  ;  and  o"  further 
request  is  that  we  may  obtaine  yo'  counsell  and  advice  to  o'  Agent, 
in  such  p'ticulers  as  may  be  by  him  p'sented  to  yo'  Honours  consid- 
eration, either  respecting  monies  disbursed  by  this  Colony  to  Mr. 
Fenwick  for  Jurisdiction  Power  etc.,  and  also  respecting  the  obtain- 
ing of  a  Pattent  for  this  Colony.  For  although  y«  Honerable  Com- 
mittee of  Lords  and  Commons  did  owne  this  a  distinct  Colony,  and 
soe  we  haue  euer  stood  since  our  begin:  in  administracon  and  con- 
faederation  w"'  o'  Brethren  of  y'  Massachuset,  yet  we  want  a  Pattent 
to  secure  o'  standing  and  to  confirme  o'  privilidges,  and  to  strengthen 
vs  against  such  as  may  oppose  o'  p'sent  intrests  in  civil  polecy. 
Honerable  Sir,  wee  can  thus  far  excuse  o'  boldnes  in  p'senting  o' 
humble  requests  at  this  time  to  yo'self,  together  w""  some  others  of 
noble  quallity,  whose  intercession  if  we  can  obtaine  we  hope  wilbe 
of  great  availe  on  o'  behalfe.  The  great  disappointment  y'  we  meet 
w'''  about  an  Agreem'  y'  was  made  by  this  Colony  w""  y"  foremen- 
tioned  Mr.  Fenwick,  doth  necessitate  vs  thervnto.  We  disbursed  a 
considerable  sum  of  estate,  to  ys  value  of  1600Z.,  vnto  Mr.  Fenwick. 
He  p'tending  power  and  authority,  as  a  Pattentee,  ouer  y°  Riuer  and 
the  lands  adjacent,  when  he  intended  to  returne  to  England,  pro- 
pounded to  this  Court  at  Conecticut,  the  sale  of  Sea  Brook  Fort,  w"" 
ye  lands  vpon  y^  Riuer  and  other  lands  more  remote  ;  w°^,  if  refused 
by  y^  Colo:  or  Court,  he  would  (as  it  was  reported,  frequently,) 
otherwise  dispose  of,  either  by  imposeing  taxes,  customes  etc.,  or  else 
(as  was  feared,)  sell  it  to  y^  Dutch,  w*"''  as  was  conceaued  would 
haue  bene  very  destructiue  to  o'  comforts,  occasioning  broyles  and 
contests  twixt  them  and  vs.  We  therfore,  conceaueing  it  would 
tend  to  o"^  peace  and  settlement,  were  willing  to  attend  his  proposi- 
tions ;  and  out  of  desires  to  lay  a  good  foundation  of  enioying  the 


APPENDIX.  585 

advantage  both  of  Civil  and  Ecclesiastick  rights,  privilidges  and 
imunities,  for  ©""selues  and  posterities,  vnder  y'  shadow  of  Patent 
Right,  (by  vertue  whereof,  he  p''tended,  and  could  haue  noe  other 
way,  power  or  authority  to  make  sale  vnto  vs  of  w'  he  agreed  to 
confirme  vnto  this  Jurisdiction,)  we  willingly  disbursed  (tho'  much 
disabled,  by  reason  of  o'  meanes  and  pouerty,)  the  sum  foremen- 
tioned  ;  w"''  tho'  it  hath  much  oppressed  vs,  yet  could  we  but  haue 
enioyed  what  we  expected,  it  would  haue  satisfied ;  but  now  we  see 
(yselues  as  naked  as  before,  haueing  neither  Pattent  or  Coppy  of  it, 
nor  ought  elce  y'  may  ensure  vs  of  future  continuance  of  o"^  p'sent 
piivilidges.  And  therfore  are  necessitated  from  several  other  res- 
pects, to  lay  out  o'selues,  and  to  improue  all  the  interest  y'  we  can 
raise  in  c  natiue  soyle,  for  obtaineing  reliefe  in  this  o'  state  and  con- 
dition, w  ''  humane  frailty  hath  in  a  great  measure  cast  vs  into. 
Had  we  not  bene  too  credulous  and  confident  of  y'  goodnes  and  faith- 
fulnes  of  that  Gent:  we  might  possibly  haue  bin  at  a  better  pass. 
But  we  shal  craue  leaue  to  refer  further  enlargm'  to  o'  Agent,  only 
reduplicating  o"'  earnest  request  that  yo"'  Hon""  would  be  pleased  to 
afford  vs  the  great  fauour  of  yo'  aduice  and  counsell,  as  need  re- 
quires, and  occasion  offers  itself. 

If  this  poor  people  may  find  such  acceptance,  and  o'  request  such 
entertainment,  w""  yo^self,  as  that  throw  yo'  Hon''  help  and  media- 
tion we  may  find  grace  and  audience  w*''  o'  Gratious  Soueraigne,  we 
shall  therby  be  refreshed,  as  w"*  the  sweet  smiles  of  o"^  father,  and 
be  excited  to  returne  the  tribute  of  daily  prayer  for  yc  Lordships 
prosperity  ;   and  humbly  subscribe,  &c. 


No.  XI.     (p.  404.) 

MES.  CULLICk's    petition,    TO    THE    GENERAL    COURT,    IN  MAY,   1663. 
[Towns  &  Lands,  Vol,  I.  No.  68.] 

To  the  Hon'd  Generall  Court  of  Connecticott  Jvrisdiction,  now 
assembled,  the  humble  petition  of  Elizabeth  Cullicke,  relict  to 
Captayne  John  'CuUick,  deceased, 

Humbly  sheweth  : 
That  whereas  there  weare  entred  into  (by  yo"  Petitioner's  hus- 
band,) certayne  obligations  for  the  makeing  of  paym'  the  sum  of  fine 
hundred  pownds  vnto  this  hono'd  Co't,  according  to  the  tymes  speci- 
fyed  in  the  twoe  obligations  given  for  the  same,  together  w^''  the 
paym'  of  interest  in  case  of  falure  in  poynt  of  tyme,  one  of  w'='"  obli- 
gations hath  beene  satisfyed  &  taken  vp,  &  the  other  in  p't  satisfyed, 
viz  :  one  hundred  pounds,  foure  shillings,  tenpence,  being  payde,  so 
that  there  remaynes  one  hundred  fourty  &  nine  pounds,  fiftene  shil- 
lings, twoe  pence,  by  the  sayd  obligation,  for  yo'  petitioner  to  pay,  as 
executrix  vnto  her  late  husband.  And  forasmuch  that  the  grownd 
of  those  obligations  given  by  yo' petitioner's  husband,  was  vpon  the 
apprehention  that  there  had  beene  a  lotall  falu'  in  tho  brother  of 


586  APPENDIX. 

yo'  petitioner,  George  Fenwicke  Esq',  respecting  his  procuring  of  a 
Pattent  for  the  Collony,  since  which  it  hath  appeared  that  there  was 
a  mistake  therin,  for  that  there  was  found  w'^'"  the  Executor  of  Mr. 
Edward  Hopkins  some  such  writing,  w"**  was  delivered  to  the  Hon'd 
John  Winthrop  Esq",  Governor  and  Agent  for  the  Collony,  whereby 
he  was  advantaged  in  the  soliciting  the  Kyngs  most  excellent  Ma- 
jesty for,  and  in  the  procuring  of,  those  Letters  Pattent  now  ob- 
tayned, — 

Wherefore  yo""  Petitioner  doth  pray  this  Hono''d  Gen'rall  Co''t,  that 
they  will  please  to  accept  of  what  hath  beene  already  payde  ;  and 
that  you  would  remit  the  one  hundred  fourty  nine  pounds,  fiftene 
shillings  twoe  pence,  by  obligation  remaineing  ;  which  wilbe  an  ac- 
ceptable clemency  before  the  Lord  towards  yo""  petitioner,  and  noe 
stratening  to  the  Treasury  of  this  Hono''d  Court.  And  yo"  petitioner 
shal  pray. 

Elizabeth  Cullick. 

[The  petitioner  was  Mr.  Fenwick's  sister,  and  married  Capt.  John  Cnllick,  May  20th,  1648. 
This  document  is  of  historical  interest,  as  exhibiting  the  nature  of  the  settlement  with 
Capt.  Cullick,  and  as  an  admission  of  the  fact  (elsewhere  sufficiently  established,  but  which 
our  historians  have  very  generally  lost  sight  of,)  that  no  transfer  of  jurisdiction  right  or 
assignment  of  the  Earl  of  Warwick's  grant,  was  ever  made  by  Mr.  Fenwick  to  the  Colony, — 
the  latter  not  being  in  possession  even  of  a  coprj  of  the  ''  old  Patent"  until  after  Gov.  Winthrop's 
return  from  England,  where  he  had  procured  from  Mr.  Dalley,  the  executor  of  Mr.  Hopkins,  a 
copy  found  among  that  gentleman's  papers  after  his  death.  This  copy,  the  writer  has  been  so 
fortunate  as  to  discover  among  the  old  files  in  the  State  Department,  and  satisfactorily  to 
identify.  It  is  informal,  having  no  certificate  of  authentication  ;  but  at  the  top  of  the  first  page 
is  written,  in  the  hand  writing  (as  believed,)  of  Gov.  Winthrop.  "  The  copye  of  the  Patent  for 
Connecticutt,  being  the  copy  of  that  copy  wchwas  shewed  to  the  people  here  by  Mr.  Oeorge  Fenwick. 
Found  amongst  Mr.  Hopkins'  papers."  A  copy  of  this  document  made  by  Capt.  John  Talcot, 
not  long  after  Gov.  Winthrop's  return,  and  attested  as  "  Vera  Copia  of  that  copy  which  was  in 
Mr.  Hopkins  his  custody  ;'" — with  a  subsequent  copy  made  from  this  latter,  by  Secretary  AUyn, — 
have  been  often  referred  to  and  cited.  The  omission  of  two  or  three  words,  and  some  other 
slight  errors,  made  by  Capt.  Talcot,  have  been  closely  followed  by  every  subsequent  transcriber, 
whence  it  appears  tliat  the  copy  "  which  was  in  Mr.  Hopkins'  custody"  has  hitherto  escaped 
observation.] 


No.  XIL     (p.  441.) 


THE    UNION. 


The  correspondence  between  the  General  Courts  of  the  two  colo- 
nies, the  committees  appointed  by  each,  orders  of  the  Council,  and 
such  other  documents  relating  to  the  union,  as  have  been  preserved 
on  file  in  the  State  Department  of  Connecticut,  are  to  be  found  in  the 
first  volume  of  "  Miscellaneous"  papers,  Nos.  67  to  87.  The  pro- 
posed limits  of  this  volume  not  admitting  of  their  insertion  here,  (sev- 
eral of  them,  especially,  "  New  Haven's  Case  stated,"  and  the  reply 
of  Connecticut,  being  of  great  length,)  a  list  is  subjoined,  for  the 
purpose  of  facilitating  reference. 

[Doc.  No.  67.]  A  letter  from  the  Committee  of  the  General 
Court,  appointed  at  the  October  session,  1662,  "  To  our  much  Hon- 
ored and  Reverend  Friends  of  New  Haven,  Milford,  &c.  to  be  com- 
municated to  all  whom  it  may  concern." 


APPENDIX,  587 

Announcing  the  receipt  of  the  Charter,  (a  copy  of  which  accom- 
panied the  letter,)  and  expressing  the  desire  of  the  General  Court 
for  *'  a  happy  and  comfortable  union"  between  the  two  colonies  ; 
"  that  inconveniences  and  dangers  may  be  prevented,  and  peace  and 
truth  strengthened  and  established,  through  our  suitable  subjection 
to  the  terms  of  the  Patent,  and  the  good  blessings  of  God  upon  us." 
Without  date, — but  written  between  Oct.  9th  and  17th,  1662. 

[No.  68.]  Letter  from  the  New  Haven,  in  reply  to  the  forego- 
ing, dated  Oct.  17th,  1662. 

The  Committee  do  not  find  the  Colony  of  New  Haven  to  be  ex- 
pressly included  in  the  Patent,  (a  copy  of  which  had  been  read  to 
them,)  but  '  to  shew  [their]  desire  that  matters  may  be  issued  in  the 
conserving  of  peace  and  amity,  with  righteousness,'  they  promise  to 
communicate  the  copy  of  the  Patent  and  the  letter  of  the  Committee 
to  the  freemen  of  the  colony,  &  with  all  convenient  speed,  return 
their  answer.  They  wish  the  issuing  of  the  matter  deferred  until 
they  have  opportunity  of  receiving  fuller  information  from  Gov.  Win- 
throp  (who  had  not  yet  returned,)  "or  satisfaction  otherwise," — the 
Colony  of  N.  Haven  to  remain  meanwhile  "  distinct,  entire  and  unin- 
terrupted." Signed  by  Gov.  Leete,  Mathew  Gilbert,  Benjamin  Fenn, 
Jasper  Crane,  Robert  Treat,  Wm.  Jones,  and  Rev.  Messrs.  Daven- 
port, Steele,  Pierson  and  Newton.  [Copies  of  these  two  letters  are 
in  Trumbull's  H.  of  Conn.,  1.  252.] 

[No.  69.]  "  Some  proposals  to  the  Gentlemen  of  N.  Haven  &c., 
in  reference  to  their  firm  settlement  and  incorporation  with  us  of 
Connecticutt." 

By  the  Committee  appointed  by  the  General  Court,  Mar.  11th, 
1663,  (see  page  396,  a7ite,)  to  treat  with  New  Haven.  These  pro- 
posals are  in  the  hand  writing  of  Mr.  Allyn,  who  was  one  of  the 
Committee.     Dated,  New  Haven,  Mar.  20th,  1662-3. 

[No  70.]  Reply  of  the  New  Haven  Committee  (by  Gov.  Leete,) 
to  the  propositions  of  Connecticut.     March  20th,  1662-3. 

"  Our  answer  in  general  is,  that  we  are  not  in  a  capacity"  to 
"  conclude  the  matter,  at  this  present  meeting."  1st.  Because  hav- 
ing appealed  to  the  king,  they  were  unwilling  to  proceed  further, 
*'  until  his  Royal  determination  be  known,  in  the  question  depend- 
ing between  us."  2d.  Because  the  consent  of  the  other  confederate 
colonies  must  be  first  obtained.  3d.  Because  they  were  prohibited 
by  the  freemen  from  "  concluding  any  thing  for  altering  their  dis- 
tinct colony  state  and  government,  without  their  consent."  They 
promise,  however,  to  consider  further  of  the  propositions  and  com- 
municate them  to  the  Freemen.  They  complain  that  Stamford  is 
not  named  in  the  propositions  of  Conecticut,  "  as  if  it  were  no  mem- 
ber of  vs,"  and  profess  themselves  '  unsatisfied  with  that  omission.' 

[No.  71.]  Queries  proposed  by  the  N.  Haven  Committee, 
*'  to  the  Honored  Committee  from  the  General  Assembly  of  Con- 
necticut, Mr.  Willis,  Mr.  Clark  &  Mr.  Allyn."     Aug.  26th,  1663. 


588  APPENDIX. 

For  the  appointment  of,  and  instructions  to,  the  Connecticut  Com- 
mittee, see  page  407,  ante.  The  propositions  made  in  March,  were 
now  repeated,  (as  appears  by  an  endorsement  of  Mr.  Allyn's  thereon, 
dated  Aug.  26th;)  and  this  gave  occasion  for  the  committee  of  N. 
Haven  to  propound  certain  inquiries,  "  in  order  to  a  friendly  treaty, 
and  amicable  composure  of  matters  in  difference  ;"  with  the  express 
stipulation,  however,  that  no  treaty  shall  be  binding  without  the  as- 
sent of  their  General  Court  of  Freemen,  and  of  the  confederate 
Colonies. 

[No.  72.]  Reply  of  the  Connecticut  Committee  to  the  foregoing; 
Aug.  27th,  1663. 

They  "  declare  the  propensity  and  readiness  of  their  spirits  fully 
and  finally  to  obliterate  the  memorial  of  all  former  occasions  admin- 
istered to  us  as  matters  of  grievance  or  offence  respecting  any  of 
you,"  referring  especially  to  alleged  grounds  of  offence  given  to 
New  Haven,  by  proceedings  at  Stamford  and  Guilford.  The  que- 
ries proposed  by  N.  Haven,  are  replied  to,  in  order,  and  at  considera- 
ble length. 

[No.  73.]  "At  a  meeting  of  the  Council  of  y'  Colony  of  Conecti- 
cut  the  28th  of  December,  1663. 

The  Council  did  nominate  &  appoynt  Mr.  Willys,  John  Allyn  & 
Mr.  Wayt  Winthrope  to  goe  to  Guilford,  and  treat  w""  Mr.  Leet  (and 
any  others  whom  Mr.  Leet  shall  desire  to  joyne  w'*"  himselfe)  about 
indemnitie  of  the  persons  and  estates  of  those  whoe  haue  actually 
joyned  to  o''  Gouernment  according  to  these  following  instructions. 
Extracted  out  of  the  records  of  y*"  Council,  p'  me 
Mr.  James  Richards  is  John  Allyn,  Secrefy. 

desired  to  attend  y'  seruice  also." 

Following  this,  is  a  certified  copy  of  the  "  instructions  for  y°  afore- 
sayd  Committee :" 

1.  If  Mr.  Leete  will  give  security  (by  his  word,)  for  the  indemnity 
of  the  aforesaid  persons,  the  Committee  were  to  propose  terms  of 
union.     But  if  not, 

2.  They  were  to  appoint  a  meeting  at  Middletown,  for  concluding 
a  treaty  with  New  Haven  and  the  rest. 

3.  If  neither  proposition  were  acceded  to,  then  to  forbid  all  pro- 
ceedings against  those  persons  who  had  united  themselves  to  the 
government  of  Connecticut ;  and  to  administer  an  oath  to  a  Con- 
stable. 

[No.  75.]  A  note  from  the  Committee  to  Mr.  Leete,  requesting  a 
meeting  at  Guilford.     Dated  Dec.  30th,  1663. 

[No.  74.]  A  brief  reply  from  Gov.  Leete,  (of  the  same  date,) 
refierring  the  Committee  to  some  former  communication,  which  was 
'  in  earnest,'  and  '  from  which  he  cannot  recede.' 

[No.  76.]  Extract  from  Records  of  Council,  of  the  appointment 
of  another  Committee  to  treat  with  N.  Haven,  (Feb.  6th,   1663-4,) 


APPENDIX.  589 

who  are  instructed  to  tender  to  New  Haven  the  enjoyment  of  all 
privileges  not  repugnant  to  the  tenor  of  the  Charter.  If  these  terms 
are  not  acceded  to,  the  Committee  are  "  ordered  to  read  the  Charter 
at  a  public  meeting,  if  they  can  attayne  it,  and  to  declare  that  we 
expect  their  submission  to  his  Majesties  order  therein  conteined,"  &c. 

[No.  78.]  A  letter  from  the  New  Haven  committee,  (Feb.  24th, 
1663-4,)  requiring,  as  a  preliminary  to  further  treaty,  that  Connecti- 
cut should  "  redintegrate  the  Colony,  by  restoring  our  members  at 
Stamford  and  Guilford." 

[No.  77.]  Reply  of  Connecticut  committee, — agreeing,  in  order 
"  to  preuent  divisions,"  that  "  divers  persons  of  Guilford  and  Stam- 
ford" "  be  ordered  to  submit  to  the  same  authority  with  their  neigh- 
bours in  these  places  :"  and  making  further  propositions  for  union. 
Same  date,  with  preceding. 

[No.  79.]  Feb.  25th.  The  New  Haven  committee  inquire  if 
the  concession  (as  to  Stamford  &  Guilford,)  is  "  an  authentic  act," 
unless  confirmed  by  the  General  Court  of  Connecticut.  On  which, 
Mr.  AUyn,  for  the  Connecticut  Committee,  endorses  an  assurance 
that,  "  we  are  ready  to  make  authentick  what  we  have  proposed  to 
you." 

[No.  80.]  "  New  Haven's  Case  stated."  Mar.  9th,  1663-4. 
"  From  the  Committee,  By  order  of  the  General  Court  of  New  Ha- 
ven Colony.  James  Bishop,  Secretary."  The  New  Haven  Court, 
Jan.  7th,  1663-4,  desired  "  Mr.  Davenport  and  Mr.  Street  to  draw  up 
in  writing  all  our  grievances,  and  then,  with  the  approbation  of  as 
many  of  the  committee  as  could  come  together,  to  send  it  to  Connecti- 
cut, unto  their  General  Assembly, — which  accordingly  was  done  in 
March  next."  (N.  Haven  Rec.)  A  brief  abstract  of  this  document, 
is  given  by  Dr.  Trumbull,  (Hist,  of  Conn.,  i.  264,)  and  a  part 
of  it,  (three  of  the  seven  pages  of  the  original,)  has  been  published 
by  Dr.  Bacon,  in  the  Appendix  to  his  Historical  Discourses,  pp.  359- 
365.  Dr.  B.  had  been  informed  that  "  the  original  is  not  found, 
among  the  archives  of  the  State,  at  Hartford,"  and  supposed  the  par- 
tial transcript,  upon  the  New  Haven  Records,  to  be  all  that  had 
been  preserved. 

[No.  81.]  Reply  of  Connecticut ;  (seven  pages,  in  hand  writing 
of  Mr.  Allyn;)  Mar.  1663-4. 

[Nos.  82-84.]  Petitions  of  Bray  Rosseter,  (Mar.  19th,' &  May 
20th,  1664,)  and  of  sundry  inhabitants  of  Guilford,  (Mar.  29th,) 
asking  protection  and  support  from  the  General  Court  of  Connecticut. 

[No.  85.]  Letter  from  the  General  Court  of  Massachusetts,  to 
Connecticut,  (May  28th,)  proposing  to  settle  the  differences  between 
the  latter  colony  and  New  Haven,  by  arbitration,  &;c. 

[No.  86.]     Letter  from  Connecticut  to  the  Commissioners  of  the 
U.  Colonies,  (Sept.  2d,)  protesting  against  their  recognition  of  Com- 
missioners from  New  Haven  colony. 
51 


590  APPENDIX. 

[No.  87.]  Warning  to  the  inhabitants  of  Milford  (Nov.  17th, 
1664,)  to  meet,  "  to  attend  such  occasions  with  Mr.  Sherman"  and 
Mr.  Allyn,  as  had  been  given  them  in  charge  by  the  General  Court 
of  Connecticut.  Following  which,  is  recorded  the  submission  of  the 
town  of  Milford  to  Connecticut  government,  "by  a  general  vote," 
"  no  one  person  voting  against  it." 


INDEX   OF   NAMES. 


*,*  Names  of  localities,  of  Indian  tribes  and  their  sachems,  and  of  a  few  individuals  who  are 
most  frequently  referred  to  in  the  pages  of  this  volume,  and  whose  history  is  inseparable  from  that 
of  the  colony,  have  been  included  in  the  General  Index.  Special  references  to  the  names  of  magis- 
trates and  deputies  prefixed  to  each  session  of  the  Court,  would  have  swelled  the  Index  to  an  incon- 
venient bulk,  and,  as  there  seemed  no  absolute  necessity  of  their  insertion,  have  been  omitted. 
Reference  to  names  occurring  in  the  list  of  jurors,  has  been  made  only  in  cases  where  no  previous 
mention  of  the  individual  had  appeared  on  the  pages  of  the  record. 


Abbott,  George,  49,  156,  172. 

Robert,  55,  Cfi. 
Ackerly,  Robert,  341,  428. 
Adams,  Jer.    17,  19,  123,  357, 
360,  361,  377,378,401. 

Edward,  220. 
Adgate,  Thomas,  297,  412. 
Alrock,  83,  115.     See  Olcott. 
Allen,   Math.  28,  43,   66,  123, 

106,  110,  111,  133,  155,  211, 

252,  323,  348,  372,  404. 

Thomas,   4,    14,   33,  43,  45, 

211,  23],  263,  309,  315. 

Robert,  317;    Sam.  122,  505. 

John,  299,  309,  321,  344,  346, 

373,  376,  383,384,404,406. 
Alvord,  Benedict,  83,  89,  102, 

103,  108. 
Anadowne,  Roger,  94. 
Andrews,  William,  122,  140. 

John,  315  ;  Edward,  297. 
Arnold,  Jos.  148,297,  315. 
Astwood,  68. 
Avery,  James,  338,  385,   412, 

426,  429. 

Baccas,  (Backus)  Wm.  412. 
Bacon,  And.  49,  55,  66,  74,  94, 

258,  261,  263,  283,  318. 
Bailis,  Thomas,  82. 
Baily,  John.  297,  326. 
Band,  Robert,  112. 
Banks,  John,  85,  220,  226,  367. 
Barber,  Thomas,  8,   124,   183, 

184,  191,  203.     ' 
Barclet,  84. 
Barnard,  John.  49,  55. 
Barding,  (Berding,)  130,  137. 

Nath.  193,  318. 
Barlowes,  Thomas,  125. 
Barlow,  John,  Sen.  432. 

John,  Jr.  432. 
Barly,  Thomas,  202. 


Barnard,  Jo.  81.  174,  28.3,  321. 

Barth.  278,  281,  325. 
Barnes,  Mary,  187. 

Thomas,  227. 
Barrett,  Samuel,  136. 
Bartlemevve,  Henry,  89. 
Bartlet,  Rob.  124,  142,  143. 

John,  196. 

William,  181,  184,  191,  195. 
Barton,  428. 
Bassaker,  Peter,  102,  111,  114, 

123,  157,  160,168,  177,  181. 
Bassett,  Thomas,  46,   102.  336. 

(Goody)  220. 
Bassum,  William,  4,  5. 
Baxter,  Thomas,  252,  253,  265, 

283,  379. 

Bridget,  376,  379. 
Bay  ley,  Nich.  412. 
Beacliam,  Rob.  310,  432. 
Beadle,  Rob.  115,  124,  185. 
Beardsley,  Will.   130,  198,  226, 

340. 
Bears,  James,  433. 
Beaument,  William,  231. 
Beckwith,  Math.  29,  81,  110, 

181. 

(Becquet)  315.      Steph.  183. 
Belden,  Rich.  88, 130, 141,  182. 

Samuel,  297. 

John.  298,309. 
Benedick,  Thomas,  379,  428. 
Benjamin,  Richard,  427. 
Bennitt,  John,    29,    164,    167, 

171,  190,  201.     Thos.  433. 
Betts,  Thomas,  433. 

Richard,  428. 

John,  169,171,299,  417. 
Billing,  Richard,  182. 
Birchard,  29  ;  John,  221,  412. 
Bird,  Jos.  297.     James,  298. 
Birge,  Richard,  180. 
Bishop,  John,  177. 


Bissell,  John,  55,  75,  137,  174, 

211,  231,246,298,  281,  309, 

310. 

Tnomas,  231.     Samuel,  297. 
Blackleach,  John,  376,  377. 
Blackman,    (Rev.   Adam)    187, 

340. 
Blachfield,  (Blachford)  Peter,  33, 

108,  182,  156,  315. 
Blinman,   (Rev.  Richard)    218, 

288,  299,  300. 
Bliss,  Lidea,  82. 
Blisse,  Thomas,  147,412. 
Bloomer,  423. 

Blumfield,  Will.  311,408,  409. 
Bollwood,  Robert,  165,  167. 
Bond,  Robert,  398,  400,  428. 
Boosy,  James,  30,  42,   47,  60, 

69,  125,  238. 
Boreman,  William,  135. 

Samuel,    143,  204,  332,  349, 

379,  396,  413. 
Boscom,  Thomas,  106. 
Boswell,  James,  315. 

William,  565. 
Bostock,    (Bostwick)     Arthur, 

336,  340,  351. 
Boughtwhord,  Robert,  315. 
Bouten,  John,  433. 
Bowen  Thomas,  315. 
Bradley,  Francis,  432. 
Branker,  87,  98,  196. 
Bratfield,  Lisley,  83,  84,  463. 
Brewster,  Jona.    165,  166,  207, 

209,298,301,  306^  362. 
Brocke,  John,  89. 
Brook,  Thomas,  315. 
Browne,  Nalh.  257.   Peter,  315. 

Francis,  351,  413. 

Ellen,  352.     Richard,  388. 
Browning,  Henry,  43. 
Bruen,  Obad.    347,   352,   366, 

382, 400, 426. 


592 


INDEX      OF      NAMES, - 


Brumfield,  William,  130,  135. 
Brundish,  John,  40,  45,  444. 

Rachel,  45,  46,  445. 
Brunson,  Mary,  45,  50. 

John,  3-27. 
Brush,  Thomas,  388,  428. 
Bryant,  Alex.  440. 
Buck,  Enoch,  173,  177,  297. 
Buckland,  Thomas,  109,  204. 
Budd,  John,  386,  388,413,436. 
Buell,  Samuel,  411,  425. 
Bull,  Thomas,  29,  211, 228,  230, 

242,  379,  413. 
Bunce,  137.     Thomas,  182. 
Burnham,   Thomas,    195,   201, 

202,  297,  340,  346,  364. 
Burr,   Jehu,  12,  112,  125,  127, 

130,  226,  349,  426. 

Benjamin,  315;  Samuel,  315. 

John,  428,  432. 

Nathaniel,  433. 
Burrowes,  Robert,  135,  137. 
B'ushnell,  Francis,  241. 

William,  362,  375. 
Butler,  William,  75,  482. 

Richard,  88,  192,  226,  332, 

349,  482. 

Thomas,  292.    John,  297. 

Cable,  (Cabell,  Capell,) 

John,  54,  190,  198,208.231. 
Calkin,  Hugh,  243,264,  338. 

John,  412. 
Campfield,  Math.  257,  274,281, 

300,  323,  332,  336,  398,  426. 
Capell,  (see  Cable.) 
Carpenter,  164.    Jo.''140. 
Carr,  Sir  Robert,  439. 
Carrington,  John,  107, 115, 145, 

463. 
Carter,  Joshua,  70,  92. 
Cartwright,  George,  439. 
Carwithy,  143,  (see  Curwithee.) 
Cattell,  John,  102,  110,  457. 
Chalkwell,  Edward,  492. 
Chancutt,  Edw.  160. 
Chapman,  John,  43. 

Thomas,  219. 

Robert,  264,   349,   351,  362, 

375,  397. 
Chaplin,  Clem.  6, 12,  39,51,  97, 

135,  136,  142. 
Chappell,  Geo.  8,  127, 130, 135, 

137,143,  165,  168,  180,  194. 
Chatterton,  Michael,  473. 
Cheeny,  William,  297. 
Che.sebrough,  (Chessbrooke.) 

William,  200,  216,  235,  240. 

Samuel,  297. 
Chester,  Leo.   56,  75,  93,  117, 

130,  141,  452. 

Mrs.  177,  193. 

John,  309,  315,356,  359. 
Chichester,  182  ;  James,  428. 
Church,  56  ;  Richard,  272. 

John,  315;  Sam.  297. 
Churchill,  Josias,  88,  190. 
Cilburne,  (Kilburne)  John,  299. 
Clarke,  William,   41,  92,  344, 

360,  365. 


Henry,  46,  70,  112,207,321, 
323. 

Nicholas,  92,  169,  182,  401. 

Thomas,  315. 

Joseph,  315,  43.3. 

John,  66,  221,367,  241,264, 

426,  137,  389. 

Daniel,  115,   143,  288,  291, 

307,  .309,319,  373,376,383, 

401,404,429,435. 
Clemens,  Jasper,  351. 
Clow,  John,  256,  408. 
Codman,  Rob.  302. 
Coe.  (Coo)  Rob.  2,  425,  428. 

John,  425,  426. 
Coggen,  John,  66,  67,  72. 
Coker,  Rich.  54,  172, 
Coldecott,  Rich.  141,  212. 
Cole,  John,  297,327,  370. 

Henry,  193. 
Colefoxe,  Will.   130,  162,  172, 

201. 
Coleman,  Thomas,  41,  44,  83, 

111,  127,140,147,259,  310. 

John,  193,  315,  457. 
Coles,  Susan,  124,  129,  135. 
Collecott,  Rich.  141,  212. 
Coltman,  John,  129. 
Comstock,  (Combstocke-) 

Will.  109,  114,  191. 

Samuel,  177,  182. 
Concklin,  388  ;  John,  388, 
Cone,  Daniel,  434. 
Coaker,  (see  Coker.) 
Cooke,  John,  108. 

Aaron,    87,    148,    155,    242, 

246,  309.  364,  367. 

Nathaniel,  207. 
Cooly,  Peter,  432. 
Cooper,  Thomas,  8,  142. 

John,  231, 276,  368. 
Corbitt,  Will.  159,  433,  446. 
Cornelius,  Law.  290. 
Cornwell,  Thomas,  29. 

William,  192. 
Cory,  388. 

Cosmore,  John,  316,  566. 
Cotton,  John,  346,  359. 
Craddock,  Math.  43. 
Crane,  Benj.  315. 

Jasper,  437. 
Cross,  Will.  136,  192. 
Crow,  John,  41,  148. 

Christo.  315,  (see  Clow.) 
Crowch,  Simon,  432. 
Crump,  Thomas,  102,  122. 
Cullick,  John,  76,  172,  318,  327, 

345,  357,  573. 

Elizabeth,  404,  585. 
Curtis,  Thomas.  298. 

.John,  315. 
Curwin,  Jo.  388. 
Curwithee,  Caleb,  428. 

Daniell,  Stephen,  213. 
Davis,  Philip,  281. 

Steph.  141,  142,  315. 
Dawes,  John,  155. 
Day,  Stephen,  202,  279. 

Robert,  487. 


Deming,   (Dymon,  Demon,  De- 
ment,)   81,    102,    109,    133, 

164. 

Thomas,  148,  183,  190,  202. 

John,  288,  297,  315,  349,  388, 
Denison,  Geo.  243,  258,    264. 

299. 
Denslow,  John,  297. 

Henry,  115,  148,  155. 
Dewey,  Thomas,  81,  123,  168, 

480. 
Dey nton,  63. 
Dickenson,  Nath.  76,   95,  115, 

135,  182,  243,264,  273. 
Dickerson,  Thomas,  297. 

Joseph,  298  ;  Philemon,  388. 
Disborough,  Nicholas,  45. 
Douglass,  Will.  34,  392,  405. 
Doyes,  John,  241 ;  (Dawes,)242. 
Drake,  John,  88,  134,  140,  167. 

Samuel,  142,143. 

Job,  285,  380. 
Dyblie,  Thomas,  46. 
Dyer,  John,  218,  341. 
Dyks,  Leonard,  129. 

Edmonds,  John,  28,  171. 
Edwards,   John,    55,  56,    115, 

137,  319. 

Will.  107,  115,  190,193,309, 

315,  401,  405. 

Thomas,  172,  190,  202,  417. 
Eggleston,  James,  137, 182,  297. 

Baggett  (Begat)  127,  297. 

Thomas,  315;  Samuel,  315. 
Elderkin,  John,  276,  285. 
Eldridge,  75,  76,89. 

Nathaniel,  95. 
Ellis,  James,  245. 
Ellison,  Laurence,  88. 
Ellyt,  (Ellit)  141, 144. 
Elmore,  Edw.  82,  122,  136. 
Elsen  (Elsing)  John,  83,  110, 
162. 

Abraham,  162,  202,  479. 
Elseworth,  Jos.  297. 
Elton,  388. 
Ely,  Nath'l,  43,  83,  126,  183, 

210,  336. 
Ennoe,  James,  420. 
Evarts,  James,  432. 
Evans  (Euens)  143. 

John,  55,  135. 
Ewe,  John,  103. 

Fairchild,  Thomas,   264,   299, 

340,419,  426. 
Ffcllowes,  Rich.  92,    112,   124, 

135,  142,  145,  302,  309. 
Fenn,  Benj.  437,  440. 
Fenner,  Thomas,  477. 
Fenwick,  George  ;  See  General 

Inde.x. 
Ferman,  Rob.  428. 
Ferris,  Jeffery,  29,  43,  44. 

(Pheries)  Peter,  391. 
Filly,  William,  297. 
Finch,  Daniel,  1,  4,  5,  6. 

Abraham,  315,  445. 
Fishe,  Ruth,  129. 


INDEX      OF     NAMES 


593 


Fisbe,  Wniiara,  144,  J  48. 
FUch.  Samuel,  218,  261. 

(Rev.)  James, 282,  312,  321. 

Thomas,  290,  297. 

Joseph,  330,  409. 
Flecher,  John,  452. 
Foote,  Nath'l,    10,   56,   87,  93, 

109,  115,  461. 
(Widow)  115. 

Foot.  Robert,  298. 
Ford,  Thomas,  17,  60,  83,  148, 
168,  247,  379,    383,   388, 
405,409. 
Forret,  James,  363. 
Fossaker,  348. 
Foster,  John,  465. 
Fowler,  68. 

(Ambrose)  147,  297. 
Franklin.  (Frauncklyn.) 

Will.  183,  191. 
Froste,  Will.  465. 

Daniel,  and  Abraham,  465. 
Fuller,  Elizabeth,  143. 
Fyler,  Walter,  55,  76,  109,  121. 
135. 

Gager,  John,  317. 
Gaines,  Thomas  t  29. 
Gaylord,  Will.   44,  87,  89,  104, 

112,  211  ;  Walter,  299. 
Galpin,  Philip,  310,  342. 
Gardner,   Sam.    66,    130,    158, 

193,  202. 
Garritt,  Daniel,  46,261. 

(Garrad.)  436. 
Gibbons,  (Gibbins)  Will.  42,  83, 

110.  136,  140,  160. 
Gibbs,  John,  17  ;  Jacob,  274. 

Gregory,   195,  203,  315,  504. 

George,  82  ;  Giles,  504. 

Samuel,  297,  434,  504. 
Gilbert,  William,  46. 

Jona,  1 39,  232,  295,  309,  332, 

343,  346,  372,382,401,  430. 

John.  295, 297,  306,  393, 423. 

Mathew,  437,  440. 
Gildersleeve,  Rich.  3,  5,  40,  51, 

65,  428. 
Gillett,  Cornelius,  315. 

Jona.  204,  297,  326. 
Gishop,  Edward,  412. 
Glover,  388. 
Godding,  George,  220. 
Gold,  (Gould)  Nathan,  281,294, 

299,  342,  353. 
Goodheart,  Isbrand,  322. 
Goodman,  Rich.  88,  230,  252, 

326. 
Goodridge,    (Goodrich)     John, 
97,  135,147,  165. 

William,  281,  379. 
Goodwin,  William,  20,  39,  262, 
297,  318,  362,  374. 
Nath'l,  389. 
Grannis,  Edward,  285. 
Grant,  Samuel,  256  ;  Seth,  481. 

Math.  122,  162,  247. 
Graves,  Geo.  1 04. 122, 299,  318. 

John,  256,  297. 

Thomas,  134  ;  Nathaniel,  297. 


Grey,   Henry,    125,    126,    127, 
148,  174,  190,209,  465. 

John,  465. 

Walter,  124,256. 
Green,  John,  174,  391. 
Greenhill,  Thos.   356,  360,  362. 
Gridley,  Thomas,  33. 
Griffin,  John.  167,  317,410. 

Robert,  253. 

aiathew,  128. 
Griswold,  (Gryssell)  Math.  158, 

161,  162,205,  352,  404,419. 

Edward,    196,  379,  380,  397, 
398,  419. 

Francis,  196,  297. 

George,  196,  256. 

Michael,  344. 
Groves,    Philip    162,  242,  243, 

257,  274,  281,  285,  349. 
Growman,  (Gruman)  John,  432. 
Grumwell,  John,  315. 
Gunn,  Jasper,   172,  197,  298. 

Thomas,  102,  111,  129,  182. 
Gybbert,  Thomas,  82. 
Gynings,  John,  157. 

Nicholas,  160;    Joshua,  147. 
(See  Jennings.) 

Hagborn,  (Mr.)  430. 
Hales,  Sam.  92,  95,  136,  143. 
Hall,  John,  66,  332,  349. 
Sam.  257,  Francis,  297. 
Ralph,  428. 
Halls,  John,  124,  165,  177. 
Hallet,  186;  James,  84,  110. 

William,  426,  428. 
Halsey,  368. 
Hamlin,  425. 
Hanford,  Thos.  257,  412. 
Hampson,  (Harnson)  Ed.  115, 

117. 
Harbor,  Benj.  281. 
Hardey,  Rich.  391. 
Harris  (-on)  Rich.  110. 
Harris,  Daniel,  344. 
Harrison,  John,  297  ;  Ed w.  474. 

(Good wife)  381. 
Hart,  Steph.  149,243,257. 
John,  257,  354. 
Thomas,  413. 
Hartly,  Rich.  315. 
Harvey,  Edward,  148,  149. 
Hassard,  Thomas,  148. 
Haughton,  Rich.  309. 

Morton,  382. 
Hawkens,  Zach.  428. 
Hawkes,  John,  167,  176,  204. 
Haynes,   John ;    See   General 
Index. 

(Col.)  Hez.  248. 
Jos.  380.  383,  404. 
John,  292. 
Hayvvard,  Rob.  184.  191,  205. 
Herriman,  Augustine,  219. 
Hews,  Jos.  407. 
Hewyt,  (Hewitt)  133,  141. 
Heyton,  Wra.  92, 137,  154,  204, 

309,  432. 
Hicks,  John,  424,  425,  428. 
Higby,  Ed.  163, 181, 184, 193. 


Hill,    Will.   181,  241,  243,  332, 

353,  366,  442. 
Hilliar,  Benj.  172,  173,  177. 
Hitchcock,  Luke,  140,  160. 
Hoite,  (see  Hoyt.) 
Holbridge,  James,  373. 

Mercy,  373. 
Holcombe,  Thomas,  196. 
Holibut,  Thos.  93,  114,  189. 

(See  Hurlbut.) 
Hollister,  (Ollister)  81, 115, 141, 
264,  288,  330,  342,  359. 

(Mrs.)  174,  195. 
Holt,  Mary,  28,  29. 
Hooker,  Thomas,  498. 
Hopkins,   Edw.   See   General 

Inde.x. 

William,  53,  71. 

John,  49,  92  ;  Steph.  292. 
Hornett,  Edw.  428. 
Horskins,  Thos.  215,  484. 

John,  483. 
Hoskins,  Anthony,  256. 
Hosford,  William,  44. 

John,  231,309. 
Horton,  Barnabas,  388,  402,428. 

Jos.  388,  Caleb,  427. 

Benj.  427. 
Hosmer,  (Osmore)  Thomas,  70, 
76,    107,    123,    124,    142, 
177,  193. 
Hought,  William,  297. 
Houghton,  William,  202. 
Howard,  Robert,  88,  107,  129. 
Howell,  Edward,  149,  566. 

John,  428. 
Howkins,  Anth.  349,  351,  376, 

379,401.  419,  426,  440. 
Hoyette,  Simon,  49. 
Hoyt,  John,  220,  433. 

Walter,  336, 
Hubbard,  Geo.  2,  5,  7,  17,  20, 
39,  42,57,  182,  257. 

William,  89. 

Thomas,  157,297. 

John,  274  ;  James,  429. 
Hubbell,  Rich.  433. 
Hudshon,  John,  202. 
Huested,  Rob.  412. 
Huit,  Eph.  46,  70,  76,  91,  109, 

115,  458. 
Humphreys,  Mich.  297,  420. 
Hull,  Geo.  20,  44,  198,  226, 249, 
257. 

Jos.  127,  349,  419. 

Corn.  270. 
Hullett,  Jas.  82. 
Hungerford,  Thos.  110. 
Hunt,  Thos.  4 12  ;  Blaynch,  457. 
Huntington,  Chris.  219,  315. 

Thos.  297;  Simon,  412. 
Hurd,  Jo.  112. 

John,  187,  208,  308. 
Hurlbut,  Thos.  81,  82,  102,  136, 

129,  388;  Will.  180. 
Hutchinson,  (Widow)   76,   81, 

83,  88. 

Edw.  409,  407  ;  Thos.  427. 

Ireland,  Samuel,  33,  137. 


594 


INDEX      OF      NAMES 


Jackson,  348. 

Jacob,  Peter,  155,  160. 

Jecoxe,  158. 

Jener,  John,  341,  428. 

Jennings,  Nich.  160. 

Josh.  171,  193,  213. 

John,  157,  171,  203. 
Jessop,  John,  12,  425,  426. 
Johnson,  Thos.  49,  55,  453. 

Mary,  143;  Peter,  226, 

Elizabeth,  209. 

(Goodwife)  222,  232. 
Jonson,  Mary,  171. 
Jones,  (Rev.)  316. 

Jeffery,  427  ;  Tho's.  428. 

William,  437,  440. 
Judd,  William,  281. 

Tho's.    319,   376,  379,    413, 
425. 

John,  413,  425. 
Judson,  144;  Will.  112. 

Jer.  315. 
"Joseph,  315,  340,  367,  475. 


Keeler,  160  ;  Ralph,  176. 
Kelley,  John,  315. 
Kellock,  Nath.  180. 

Jos.  257;  Daniel,  433. 
Kellodg,Jos.  257. 
Kelsey,  Will.  314, 

John,  315. 
Keney,  Will.  297,  315. 

(See  Cheeny.) 
Kerby,  157;  John,  182,315, 
Ketchrell,  160.    • 
Ketchum,  John,  390,  428, 

Samuel,  428. 
Ketling,  Tho.  109. 
Kilburne,  (Widow)  156,  445. 

John,  299,  354,  379, 
King,  Will.  273. 
Kircum,  (Kirkman)  145,463, 
Kitwell,  Sam.  29. 
Knowles,  Alex.  257,  264,  310. 

Jos.  315  ;  John,  432. 

Latham,  Cary,    185,  191,  392, 

405. 
Lathrop,  Samuel,  186. 
Latimore,   John,   29,  110,  141, 

180,  237,  309,  388. 
Lay,  Rob.  297,  353. 

Edw.  302. 
Lavves,  Rich.  20,  43,  437,  440. 
Lee,  142;  Edw.  167. 

Walter,  256. 
Leete,  Will.  437,  440. 
Leffingwell,  Tho.  205,  384. 
Leonard,  Tho.  315. 
Lerreby,  Greenfill,  213. 
Letten,  (Lattm.)  156,  243,  278. 

(Goodwife)  366,  403, 
Leverett,  John,  259. 
Lewis,   137;  Will.  43,   66,  96, 

187,  227,300,  327. 

Walter,  174,  177,  191,  193. 
Line,  Gabriel,  28). 
Lobdell,  Symon,  297,  360. 
Lockman,  Gouv.  184,  198,  199. 
Lockwood,  Rob,  231,  299. 

Jos.  432. 


Loockuet,  Rob.  299. 
Lomes,  Sam.  257. 
Longdon,  Andrew,  92. 
Longdon,  Anth,  160. 
Loomis,  (see  Lummis.) 

John,  180. 
\ytLord,  Rich.   17,  33,  43,  55,  72, 
94,     123,   146,   309,    315, 
377,  434. 

John,  140,  161,  171,  224. 

Tho.  167,  234,  359, 

(Mrs.  Dorothy,)  402, 

Sarah,  162, 
Lotham,  William,  473. 
Lovenam,  (Widow,)  193. 
Lummis,  Jos.  81,  110,  256. 

Thomas,  256,  309. 

Nathaniel,  256.  309. 
Ludlow,  Henry,  428. 

Roger;  See  General  Indk.x. 
Lupton,  Tho.  433. 
Lyman,  Rich.  33,  81,  114,  442. 

John,  81;  Rob  81,443. 
Lyon,  Rich,  183,  433, 


Maggott ;  (see  Mygatt.) 
Mapes,  (Goodman,)  388. 
Marsh,  John,  180. 
Marshall,  Sara.  256,  289,  309, 

396,  409  ;  Ann,  28. 
Marshfield,  Tho.  76,  82,  87,  107, 

115,  137. 
Martyn,  Sam.   140,    147,    180, 

202. 
Blarvin,  Math,   43,     111,    181, 

334,  433. 
Renold,  315,   354,  367,  375, 

397,  404. 

Mason,   Capt.  John  ;    See  Gen- 
eral Index. 

Edward,  43,  57, 
Mastens,  160. 
Maynard,  John,  139, 
Mayo,  Samuel,  253,  254. 
Mead,  Jos.  391, 
Meaks,  Rich.  163, 
Meggs,  John,  405. 
Mercer,  Timothy,  193, 
Merricke,  Thomas,  17. 
Merrills,  Jo.  315. 
iMills,  Rich.  109,  110,  114,  115, 

412  ;  Sam.  412. 
Minor,  Thomas,  186,  187,  265, 
405,  411,419,  435, 

John,  265. 
Minott,  (Minor)  Tho's.  186. 
Mitchell,  Math.  6,  40,  48,  51, 55. 
Moody,  John,  29,  33,  81. 

Samuel,  297. 
Moore,  Thomas,  28,  388,  427, 

John,  366,  376,  379,  397. 
More,  Thomas,  46,  386. 

John,  46,  76,  112, 

Isaac,  187,  440, 

Miles,  406. 
Morehouse,  Samuel,  433, 

Thomas,  433. 
Morgan,  Jas.  300,  338,  366, 
Morton,  Will.  315. 
Moses,    John,    160,    164,  309, 
492. 


Mudge,  Jarvis,  102,  115,  143, 

165,  202, 
Mulford,  (John,)  428. 
Munson,  Thomas,  66. 
Mygat,  (Magott,)   Jos,  87,  104, 
283. 
Jacob,  309,  344,  351. 

Nash,  Edw.  433  ;  Jos.  315, 
Neuie,  (Nenie  1)  143. 
Newbery,  Thomas,  44, 

Benj.  160,  183,  191,  397,  419, 
440  ;  Jos.  147, 
Newton,   Tho,  144,   150,    155, 

172,  190,  192, 
Nicholls,  (Sergt.)  36. 
Nicholls,  (Col  Rich.)  440, 
Noble,  William,  428. 
North,  140. 

John,  297  ;    Sarah,  362. 
Northam,  James,  45,  165,  167, 

176,  315. 
Northum,  (Norton?)   Jas.  110, 

130. 
Norton,  James,  49,  109. 

Francis,    41,  44,  97,  86,160. 
John,  297,  412,  425. 
Nott,   John,    55,  182,  299,  381, 

414,  415. 
Nowell,  Thomas,  506. 
Christopher,  506, 

Odill,  John,  433. 
Ogden,  280,  282,  295,  316, 
Olcott,   (Thomas,)   83,  92,   96, 
158,  162,  183,  315, 

Samuel,  425. 
Oldham,  (John,)   3-6,    12,   43, 

91. 
Oldridge,  Rich,  127. 
Oldige,  148. 
Olderige,  285. 

James,  446. 
Olmsted,   Nich.   50,  226,  309, 
446. 

Nehe.   183,  204,  299,  447. 

Rich.   210,   242,    285,    336, 
349,367,  391,447. 

John,  45,  285,  389,  447. 
Omphries,  Mich.  297. 
Orton,  Thomas,  95,  110,  204, 
Orvis,  George,  315, 
Osmore,  (see  Hosmer.) 
Oulsterman,  231. 

Packer,  John,  293,  432. 
Packs?  Henry,  56. 
Paine,  Jo.  386,  388. 
Palmer,  Will.   81,  89,  348,  464, 

John,  297,  309. 

Henry,  297,  464. 

Nich.  330,  366,  467, 
Palmes,    Edw.   371,   373,  419, 

426. 
Pantry,  Will.  93,  107,  123, 

John,  207. 
Parker,  Will.  354, 

Ralph,  315,  430, 
Parke,  (Parks)  46,  55,  84,  127, 
135, 180,  412. 


INDEX      OF      NAMES 


595 


Parkman,   (Putmati)  Elias,   14, 
16,  46.  81,  144,  106,  167. 
Parsons,  Rich.  46. 
Partridge,  Will.  3-35. 
Patlen,  Nathaniel,  87. 
Peerue,  John,  45. 
Pell,  Tho.  366,  389,  418. 
Pering,  Henry,  428. 
Perkins,  John,  142. 
Pervvidge,  Will.  102,  107,  110. 
Pettibone,  John,  315. 
Pheax,   186. 

Phelps,  Geo.  28,  134,  309,  (see 
Phillips.) 
Will.  1,  32,  54,  145,  419. 
Timo.  411,  425;  Jos.  256. 
Pheries,  (Ferris)  Peter,  391. 
Phillips,  Will.  117,241. 
Geo.  178,  278,  309. 
Zerub.  426. 
Piddell,  Corbitt,  193. 
Pierce,  Tbo.  366. 

John,  45. 
Pincheon,  Wm.   10,  13,  16,  18, 

19,  20,  43. 
Pinney,  Humph.  126,  143. 

Samuel,  315. 
Pinckney,  Philip,  220. 
Pitkin,  Win.  388, 389,  426,  436. 
Piatt,  Isaac,  428. 
Plum,  Jo.   3,  J  3,  18,  41,44,56, 

69,97,  121. 
Pomrey,   Eltweed,  (Eldad)  27, 
104,227,  315,  354,362,  370. 
Pond,  Samuel,  191. 
Ponton,  Rich.  406,  412. 
Porter,  John,  28,  43,  75,  191, 
309,  475. 
Daniel,  123,  127,  377. 
Thomas,  257,  491. 
Post,  Stephen,  206,  241. 

John,  and  Thomas,  412. 
Powell,  Tho.  428. 
Pratt,  John,  9.3,   108,  135,  219, 
230,  292,  450  ;    Wm.  375. 
Daniel,  292,  309. 
Prentice,  John,  433. 
Preston  (Presson)  102, 109, 133. 
Provost,  David,  155,  163. 
Prudden,  Mr.  36. 
Purdy,  466. 
Purkas,  John,  466. 
Furrier,  388. 
Putnam,  (see  Parkman.) 
Pyne,  James,  150,  158. 

Uuicke,  William,  6. 
Quinby,  John,  412. 

Randal,  Abraham,  326. 
Rayner,   (Reyner)  Thurston,  3, 
13,  17,428  ;  Jos.  426,  388. 
Read,  144. 
Reeves,  Jo.  6. 
Reive,  Rob.  309,  315,  360. 
Rescue,  (Rusco)  Nath.  222,  232, 
256,  352. 

Will.  70.  110,  161,  204,209. 
Reynolds,  (Renols)  Robert,  2. 

John,  142,  412. 


Rice,  Robert,  285. 

Jonathan,  412. 

Wihell,  406. 
Richards,  James,  429,  435. 

Samuel.  315;   Nalh.  92,  144. 
Rigebell,  Mr.  390. 

(Rickbell,)  428. 
Rily,  John,  182. 
Rissly.  Richard,  127,486. 

Samuel,  487. 
Robins,  John,  88,  93,  95,   109, 
129,  141,  356. 

Mary,  457,  463. 
Robinson,  Thos.  54. 
Rocester,    48,   49,  55,  81,  83; 

(see  Rossiter.) 
Rockwell,  John,  195. 

Samuel,  297,  483. 
Rogers,  Jas.  340,  352,  359,  385, 
392,  409;  Sam.  406. 

John,  and  Jona.  428. 
Root,  John,  297,413. 
Rose,  Rob.  42,  43,  60,  97,  109. 
Rossiter,  Bray,  76,  81,  83,  88, 

102.  177,  353,  359,  396. 
Rowlins,  Jasper,  56, 82. 
Rudd,  Jona.  45,  127,  218,219, 

238,  285. 
Rugge,  Robert,  141. 
Rushmore,Tho.  195,  424. 
Rusco;   (see  Rescue.) 
Russell,  Henry,  288,  319,  330, 
342,  415. 
John,  173,  207,  274. 
Rysly,  127. 

Sable,  John,  202,  315. 

Sadler,  John,  93,  108, 160,  168, 

201. 
Salter,  Walter,  423. 
Saltington,    )  Robert,  62,  66,  67, 
Saltingstall.  ^      70,  72. 
Samwis,  Rich.  190,  202. 

John,  428. 
Sanford,  Andrew,  297. 

Zachary,  219,315. 
Savidge,  John,  257. 
Sawyer,  Richard,  169,  485. 
Scippeseyer,  155. 
Scott,  Thomas,  18,  42,  70,  103, 
453. 

Edmund,  202. 

John,    418,   420,    424,    430, 
436,441.' 
Scudder,  Thomas,  428. 
Seager,  Rich.  297. 
Sebadoe,  (Capt.)  242. 
Sedgewick,  (Maj.)  Rob.  259. 
Seely,  Robert,  4,  5,  9,  10, 43,  49, 
391,401,403,  406. 

Nath  297. 
Seldon,  Thomas,  46,  190. 
Senthion,   (Sension)   Nich.  55, 
294,  492. 

Mathew,  95, 114  ;  Mark,  433. 
Shepherd,  John,  360. 
Sherman,  Jo.  2,  49,  463. 

Sam.  425,  426,  436. 
Sherwood,  Tho.   126,  150,  155, 

264,  432. 


Sherwood.  Stev.  and  Mark,  433. 
Shorye,  Sampson,  202. 
Sipperance,  Joan,  193,  203. 
Skidmore,  Thomas,  193,  202. 
Skinner,  Rich   177. 
Slye,  Robert.  182. 
Smitli,  Arthur,  62,  92,  136, 183. 
Edward,  89,  93,  96. 
Henry,   86,  90,  97,  98,   106 

143,502. 
Simon,  141,  142. 
Samuel,   54,    106,  155,  191, 
200,  206,  285,  292,  314,  503. 
William,  114,  128. 
Philip,  256  ;  Jonathan,  297. 
Joseph,  298,  375. 
Quince.  355. 

John,  332,  347,  349,  352,  400, 
Rich.  164,315,319,407. 
S.iuthmead,  127. 
Spencer,  Obed,  315. 

William,  449  ;    Samuel,  '450. 
Thomas,  81,  315. 
Jared,  361. 
Speck,  Jared,  467. 
Stadder,  135,140;  seeStodder. 
Stanborough,  Jos.  348,  368. 
Stanley,  Timothy,  69,  489. 
Tho.  87,  212. 
John,  326;  Caleb,  491. 
Stanton,  Tho.   108,    193,    300, 
435.   See  General  Index. 
Staples,  Tho.  127,  220,  265. 
Stares,  (Serg't)  17  ;  Tho.  458. 
Starke,  Aaron,  28,55,  84. 
Stebbing,  Edw.  18,  43,  47,  112, 
121,   135,  250,  259,   321, 
362,  413. 
Stebbins,  352,  360,  365. 
Stedman,  John,  256,  285,  309, 
Steele,  John,  48,  134,  148,  180, 
227. 
George,  75,  87,  107,  159. 
James,  309,  372. 
Samuel,  180. 
Stephenson,  Thomas,  144,285, 
Stickland,  Jo.  2,  6. 
Stocking,  348. 

Samuel,  256  ;  George,  318. 
Stoder,Jo.  81,  83. 
Stone,    Samuel,    20,    39,    317, 

356,  413. 
Stoughton,  Thomas,  7,  48. 
Stow,  Mr.  356,  361,  362. 
Strong,  John.  218. 

Thomas,  309. 
Styles,  Henry,  1,  2. 
John,  108,  195. 
Francis,    3,   6,  8,  33,  62,  70, 
76,  83,86,91,  107,  141,  149. 
Sutton,  Jos.  315. 

Talcott,  John.  9,   75,  210,  231, 
251,  353,   373,  375,   383, 
384,  404,  406. 
Samuel,  389. 
Tallman,  Peter,  231. 
Taipe,  Mr.  68. 

Tapping,  Thomas,  29,  30,  218, 
316,  368,  414. 


596 


INDEX      OF      NAMES 


Taylor,  John,  106,  108. 

Steph.  190,  356.  365. 
Terry,  Steph.  18,  93,  136,  309. 

Thomas,  and  Rich.  388. 
Theed,  Jos.  391. 
Teed,  John,  428. 
Tharpe.  127. 

Thomson,  Wm.  359,  432. 
Thornton,  56. 

Thos.  83,  138,  221,243,475. 
Tillton,  Peter,  182. 
Tinker,  John,  82,  114,  347,  352, 

359,  366,  382,  417. 
Titterton,  Daniel,  148,  187,208. 
Titus,  Samuel,  428. 
Tompson,  John,  412. 
Torrey,"William,  88. 
Toung,  (Tong)  George,  285,  292, 

352,  365,  397. 
Tracy,  Thomas,  106,  115,  206, 

238,  241,  366,393,397. 
TrauU,  Will.  164  ;  Tim.  315. 
Treat,  Jas.  and  Math.  297. 

Robert,  440  ;  Rich.  309,  310. 
(Trott)  Rich.  75,  76,  80,  88,  93, 
112,  123,135,  237. 

Elias,  136  ;  John,  76. 

Math.  143,  171,  177. 
Trumble,  John.  162. 
Try,  (Tray)  Mich.  46,  348. 
Tucker,  (Tooker)  386,  388. 
Tuckye,  George,  127. 
Tuder,  Owyn,  193. 
Turner,  Daniel,  194. 
Turny,  Robert,  432. 

Uffoote,  (UfFord)  Tho.  95,  110. 
Underbill,  John,  275,  341. 
Upson,  29,  157. 
Usher,  Rob.  389,  405. 

Vandict,  Gisberd,  184. 
Vantino,  Cornelius,  184. 
Varleet.  (Varleth)  322, 352, 355, 

371-6,  387. 
Vayle,  Jer.  388. 

Venison,  (Vincent?)  Wm.  162. 
Ventris,  Moses,  218. 

Will.  257,298. 
Vere,  Edw.  129,145,463. 

(Veare,)  50,  81. 
Vincent,  Wm.  162,   169,   172, 

182. 
Vore.  Richard,  348. 
Vowles,  Rich.  388,  389,  413. 

Wade,  Robert,  46,  301. 
Wadom.  John,  315. 
Wadsworth,  Wm.  12,  55,  288, 

349,  379. 
Wakely,  (Whately)  James,  180, 

238,279,  401 ;  (see  Whately.) 

Richard  297. 
Walkely,  Henry,  401. 
Wakeman,  Sam.  1,  2,  3,  7,  135. 


Waller,  Wm.    231,    241,    312, 

354,375,404,  411,  419. 
Walston,  Thomas,  115. 
Waples,  Thomas,  117. 
Ward,    Andr.    2,   12,  226.  243, 
264,  284,  323. 

Joyce,  451. 

Nath'l,   18,  60.  93,  112,  125, 
147,  165,  314,  321. 

William,  297,  451. 

Anthony,  Robert,  John,  and 
Edward,  451. 
Warham,  (Rev.)  John,  288,  420. 
Warin,  William,  315. 
Warner,  Andr.  14,  43,  60,  309. 

Robert,  297. 

John,  413. 
Waterhouse,  Jacob,  40,  95,  300. 
Waters,  Anthony,  424. 
Watson,  Nathaniel,  162. 

John,  114. 
Watts,  127  ;  Thomas,  108. 

Ellinor,  142  ;  Rich.  142. 
Waynewright,  Thomas,  88. 
Webb,  Henry,  82,  87. 

John,  176. 

Rich.  93,  110,  144,203,391. 
Webster,  Math.  124. 

Robert,  258,  264,288,  289. 

John,  9,27,  36,49,263,273, 
280,  318. 
Weed,  Jonas,  2. 
Welman,  William,  315. 
Welles,  Jo.  124;  Edw.  107. 

Hugh,   243 ;     Thomas,    309, 
346,  359  ;  John,  310,  323. 

Samuel,  297,  311,  356. 
West,  John,  182,419. 
Westall,    John,    87,  135,    332, 

418,  433. 
Westcoat,  Rich.  40,  41,  44,  111. 

William,  41. 
Westly,  William,  139. 
Westover,  Jonas,  191.  195,  315. 
Westwood,  Will.  18,  252. 
Whately,  (see  Wakely.) 

James,    109,   110,   111,  115, 
145. 
Wheeler,  Isaac  ;  (see  Wylly.) 

Ephraim,  112,  4S6. 

Moses,  163  ;  Thos.  243. 
Whisson,  Henry,  428. 
White,  John,  83,  93,  108,  145, 
250,  298,  360. 

Phihp,  155  ;  Nath.  379. 
Whithead,  Robert,  55. 
Whiting,   Will.   10,  18,55,62, 
116,  131,  133,  493. 

(Mrs.)  165  ;  Giles,  99. 

John,  262,  493. 
Whitman,  Jos.  428. 
Whitmore,  John,  44,  197. 

Thomas,  231,  264. 
Wiate,  John,  315. 
Wichfield,  56,  89. 


Wicks,  Thomas,  390. 
Wickum,  Thomas,  315. 
Wilcoxson,  WiUiam,  148,  149. 
Wilkenson,  Thomas,  194. 
Wilkins,  WilUam,  429. 
Wellard,  (Willard)  Jos.  372. 
Willcock,  John,  126,  143,  172, 

180,  249. 
Williams,  John,  28,  309. 

Roger,  43,  76,  87,  106. 

Arthur,  46,  95,  176. 

Math.  129, 135, 143, 168, 433. 

Will.  140,202,  256,  315,  428. 

Amos,  396  ;  (Mrs.)  381. 
Willis,  George,   27,  52,  64,  68, 

71,  136,  469. 

Sam.251,  377,  383,404,  415, 
469. 
Willet,  Nath.  88,  89,  122,  135, 

137,  318. 
Wilson,  Anthony,  84. 

Thomas,  433  ;  Rob.  506. 
Wilterton,  Grego.   55,183,327, 

360. 
Wilton,  David,    102,  107,  115, 
147,  164,  174,  309. 

Nicholas,  256. 
Winchell,  (see  Wynchell.) 
Windes,  388. 
Wines,  Barnabas,  427. 
Winthrop,  John  ;  See  Gkner.vl 

Index. 
Wolcott,  Henry,  1,  12,  18,  55, 
56,   76,    81,  88,  89,    102, 
125,  184,  193,  349. 

George,  55,  297. 

Simon,  256,  309. 
Wood,   Jonas,    172,    174,   190, 
192,   275,   281,  283,  379, 
380,  401,  428. 

Samuel,  428. 
Woodcocke,  John,  33.  34,  66. 
Woodford,  Tho.  112,  241. 

Joseph,  412, 
Woodhull,  Rich.   341,  366,  428. 
Woodroofe,  Nath.  88,  298. 

John,  413 
Woods,  John,  29 
Workes,  Thomas,  428. 
Wright,  Samuel,  298. 

Anth.  309. 

Thomas,  92,  147,   177,  256, 
319. 

James,  256. 
Wrothem,  Simon,  257. 
Wylly,  (Wheeler)  Isaac,  185. 
Wynchell,  Rob.  109,  141. 

Nath.  297. 

Yeates,  Era's  and  Geo.  315. 
Yeosen,  Simon,  239. 
Young,  Mathew,  316. 

John,  386,  390,  402,  406, 419. 
Youngs,  Joseph,  388. 


GENERAL    INDEX. 


Adamites ;  see  Quakers. 

Address  to  the  King  ;  see  Charter. 

Adultery  ;  how  punished,  77. 

Administration ;  see  Estates. 

Agawaro,  12,  13,  14,  19  ;  see  Springfield. 

Alarms  ;  mipressment  of  men,  arms,  &c.  author- 
ized, in  case  of,  94. 

Allegiance,  oath  of,  to  be  taken,  439. 

Ammunition  ;  see  Military  Stores. 

Apparel,  excess  in,  prohibited,  64. 

Appeals,  from  inferior  courts,  regulated.  37,  1 18, 
186,  395, 

Appraisal  of  property  attached,  349,  525. 

Apprentices,  orders  concerning,  8,  105,  349,  222, 
316,  538. 

Armour;  provision  and  survey  of,  15,  17,  30. 

Aramamett,  complains  of  Lt.  Holmes,  16. 

Artillery ;  see  Military. 

Ashford  ;  see  Setauket, 

Assistants ;  appointment  of,  at  Pequot,  186  ;  to 
join  with  magistrates,  on  the  seaside,  227, 
233  ;  appointed  for  several  towns,  281,  351, 
352,  365,  381,  435  ;  powers  of,  324,  336,  350, 
374,  394,  397  ;  Gen.  Court  to  appoint,  365. 

Attoijney  for  the  Gen.  Court,  388,  426. 

Auditors  of  treasurer's  accounts  appointed,  30. 

Ballast,  orders  respecting,  273,  512. 
Banishment,  sentence  of,  242,  324. 
Bankside,  inhabitants  admitted  at,  310. 
Baptism  of  children  ;    advice   to  the  churches 

respecting,  438. 
Bay  ;  see   Massachusetts. 
Beaver  ;  duty  on,  20 ;    trade  with  Indians  for, 

prohibited,  20;   order  respecting,  161. 
Beef  cattle,  number  of  killed  in  Fairfield,  221. 
Bestiality,  how  punished,  77. 
Bible,  sent  to  goodwife  Williams,  381 ;  given  to 

Amos  Williams,  396. 
Births,  to  be  recorded,  106,  551. 
Blasphemy,  how  punished,  77. 
Boundary  of  the  Colony  ;    committee  appointed 

to  ascertain  and  settle,  435. 
Brands ;  see  Cattle. 

Breach  of  Promise;  law  against,  proposed,  80. 
Bride  brook  ;  a  bound  of  Pequot,  221. 
Bridges,  to    be   built,  at  Hoccanum,  417 ;    at 

Farmington,  164. 

Cannon  to  be  provided,  70  ;  loaned  by  Mr.  Sal- 
tingstall,  72  ;  carriages  to  be  made  for,  74  ;  to 
be  purchased,  for  public  use,  104. 

Capital  Laws,  77,  515. 

52 


Casks  ;  size  of,  regulated,  264,  515. 

Cassasinamon ;  see  Robin. 

Cattle,  to  be  restrained,  60,  517  ;  to  be  marked, 

118,  517. 
Caveat  may  be  entered,  when,  151,  153,  518. 
Charter,  measures  for  procuring,  360,  367,  368- 

370  ;  instructions  to  Gov.  Winthrop,  &C.579  ; 

received  and  publicly  read,  384  ;    committee 

entrusted  with  custody  of,  384,  407  ;  payment 

of  rate  for,  385,  390,  392,  397,  400,  415  ;    not 

to  be  sent  to  New  Haven,   405  ;    thanks  to 

Gov.  W.  for  procuring,  416. 
Children,  stubborn,  how  punished,  78,  515. 
Chippachauge  Island,  granted  to  Capt.   Mason, 

224. 
Church  ;  see  Ecclesiastical  Affairs. 
Cider  ;  orders  respecting  sale  of,  331,  354. 
Clerks  of  train  bands ;  appointment  and  duties 

of,  73,  75,  97,  282. 
Code  of  1650 ;  Mr.  Ludlow  desired  to  prepare, 

138,154;  whenadopted.  216,  509  ;  recorded, 

509. 
Collectors  of  rates;  duties  of,  12,  113,  550. 
Combination  ;  see  United  Colonies. 

with  Southampton,  566;    with  Eastharapton, 
316,  572  ;  with  New  Haven  ;  see  Union. 
Commissioners,   of  U.  Colonies  ;    first   appoint- 
ment of,  90  ;  to  meet  yearly,  157  ;  see  Uni- 
ted Colonies. 

for  the  plantations,  53  ;  powers  of,  408 ;  on  L. 
Island,  powers  of,  402. 
Common  lands;    orders  concerning,    100,    108. 

118,  214,  517. 

Communion  ;  respecting  the  subjects  of,  438. 
Composition,  for  Saybrook  ;  see  Saybrook. 
Conscience;  liberty  of,  to  be  secured,  439. 
Constitution  of  1639,  20  ;    amendments  of,  96, 

119,  140,  150,  346,347. 
Contempt  of  Court,  punished,  44,  155. 

of  ordinances,  80.  524. 

Contracts ;  see  Debts. 
—   of  marriage,  47,  48,  540. 

Conveyances,  of  land,  to  be  in  writing,  &.c.  358, 
See  Deeds,  and  Records. 

Corn,  price  of,  established.  11,  18,  61,  79,  100, 
116,  118,  205,  563;  trade  with  Indians  for, 
prohibited,  11,  13,  68,  81;  plantations,  how 
to  be  supplied  with,  13,  16,  18,  19  ;  to  be  re- 
ceived in  payment  of  debts,  69,  72  ;  orders  re- 
specting exportation  of,  116,  258,  379,  383, 
392 ;  not  to  be  distilled,  333 ;  measure  of, 
regulated,  104. 

Corselets,  to  be  provided  by  the  towns,  14,  546, 


598 


GENERAL      INDEX 


Costs,  when  allowed,  and  by  whom  payable,  37, 

55,  113. 
Cotton  ;  trade  therein  proposed  and  encouraged, 

59,  75. 
Council,  constituted,  and  its  powers,  397  ;  repeal 
of  order  erecting  440; 
Ecclesiastical ;  see  Ecclesiastical  Affairs. 
Court,  General,   times  of  holding,  16,  21  ;    how 
constituted,  150 ;  how  called,  256. 
of  Election,  in  April,  21 ;  in  May,  140 ;  to  be 

held  at  Hartford,  385. 
Particular  ;  times  of  holding,  71,  81, 231 ;  how 
constituted,  119,  150. 
Cromwell's  Bay  ;  see  Setauket. 
Cupheag ;  tribute  from  Indians  there,  52  ;  orders 
respecting  bounds  of,  53,  62;    commissioner 
appointed.  53  ;  see  Stratford. 
Customs ;  see  Duties. 

Damages,  may  be  varied  by  the  Court,  118  ; 
double,  when  to  be  paid,  19. 

Deaths,  sudden  ;  inquests  on,  42,  523. 

Debts;    committee   appointed   to    examine  the 
public  debts,  228 ;   in  the  several  towns, 
273  ;  notice  to  be  given  of,  383. 
remedy  of  creditor  against  debtor,  151,  349, 
511,  518  ;  debts  payable  in  corn,  61. 

Deeds,  how  to  be  executed  and  recorded,  37, 552. 

Delinquents,  to  pay  cost  of  prosecution,  113;  fee 
to  prison  keeper,  138  ;  appealing,  after  con- 
viction, to  be  fined,  395 ;  execution  upon, 
how  performed,  103,  525. 

Deputies,  to  General  Court ;  to  be  sent  by  the 
towns,  22,  23,  403  ;  number  of,  23,  372  ;  ex- 
empt from  training  &c.  62,  350,  355  ;  their 
powers,  24  ;  vacancies,  how  filled,  51. 

Dice ;    see  Gaming. 

Disability,  consequent  on  conviction  of  scanda- 
lous offences,  138,  389. 

Distillation  of  corn  &c.  prohibited,  333. 

Divorces  granted  ;  to Beckwith,  275  ;  Rob- 
ert Wade,  301 ;  Sarah  North,  362  ;  Bridget 
Baxter,  379. 

Dollars,  (rix)  value  of,  86. 

Dorchester,  bounds  of,  -Q  ;  named  Windsor,  7  ; 
see  Windsor. 

Drunkenness,  how  punished^  333,  533. 

Dutch  ;  letters  to  be  sent  to  Dutch  Governor,  52, 
75,  346  ;  settlement  of  differences  with,  to  be 
agitated,  68  ;  cattle  of,  impounded,  51 ;  liable 
for  trespasses  of  their  swine,  83  ;  arms,  &c. 
not  to  be  sold  to,  114  ;  prohibited  from  trading 
with  Indians,  197  ;  prosecuted  for  such  trade, 
163,  198  ;  House  the  Hope  sequestered,  254, 
275  ;  repeal  of  orders  restricting  tfade  with, 
261  ;  proposed  expedition  against,  241,  244, 
259  ;  vessel  seized  at  Saybrook,  219  ;  at  Fair- 
field, 231 ;  the  charter  to  be  shown  to  Capt. 
Varlet,  387  ;  committee  to  treat  with,  410  ; 
other  orders  relating  to,  346,  402,  405,  411, 
413,415;  controversy  respecting  L.  Island, 
410,  413,  416  ;  letter  from  Sir  W.  Boswell, 
relating  to,  565. 

Duties  ;  on  beaver,  20,  31 ;  on  drawing  of  wine, 
146;  custom  masters  appointed,  332;  their 
duties,  332,  383,  396  ;  wines  &c.  to  pay  du- 
ties, 255,  332,  395  ;  tobacco,  380  ;  repeal  of 
acts  imposing,  391. 

East  Hampton ;    articles  of  combination  with, 


approved,  96  ;  accepted  under  jurisdiction, 
200  ;  letter  to  be  sent  to,  274, 572  ;  power  of 
magistrates  there,  336 ;  of  commissioners, 
402  ;  bounds  with  Southampton  stated,  368  ; 
letter  to,  436. 
Ecclesiastical  Affairs; 

formation  of  church  at  ffatertoion,  approved, 
2  ;  JVIr.  AUyn's  complaint  against  ch.  at  Hart- 
ford, 106,111;  orders  respecting  maintenance 
of  ministers.  111,  112,  545;  difficulties  in 
church  at  Hartford,  288,  290,  312,  314,  317, 
318,  320-333,  339,  343;  at  WethersfieU,  87, 
90,  97,  330,  338,  342,  363 ;  petition  of  Mr. 
Russell,  319;  committee  to  present  complaints 
to  the  other  colonies,  281  ;  council  at  Boston, 
288  ;  answers  from  Massachusetts,  to  be  sub- 
mitted to  the  churches,  302;  churches  not  to 
beformed  without  consent  of  Gen.  Court,  311 ; 
petition  from  Windsor,  312  ;  church  at  Mid- 
dletown  and  Mr.  Stow,  356,  361,  362,  440; 
ministry  at  Southold,  387;  at  Guilford,  387; 
ch.  at  Stratford  and  John  Tompson,  412  ; 
complaint  from  ch.  at  Windsor,  420  ;  recom- 
mendations of  Gen.  Court,  respecting  half-cov- 
enant privileges  &c.,  438. 
■j-Education  ;  contributions  to  support  of  scholars 
at  Cambridge,  112,  139  ;  to  fellowship  at  the 
college,  250  ;  schools  to  be  established  in  each 
plantation,  554  ;  children  to  be  instructed,  520. 
Election,  Court  of;  see  Court.     ^ 

of  deputies,  who  to  vote  in,  21,  96,  417;  how 

determined,  24. 
of  governor  &c.  when  and  how  made,  21,  22. 
alteration  of  law  respecting,  346,  347. 
warrants  for,  issue  and  return  of,  23,  24. 
Estates,  orders  respecting  settlement  of,  3,  5,  38, 
42, 179. 
administration,  where  to  be  granted,  179; 
distribution  of,  to  be  attended,  309; 
testate ;  see  Wills  and  Inventories. 
intestate  ;  of  Sam.  Allen,  505  ;  John  Brandish, 
40,   45,  444  ;  John  Cattell,   1 10,  457  ;  Jos. 
Clark,  433  ;  Tho.  Crumpe,  122 ;  Tho.  Dewey, 
168,480;  Abr.Elsen,  163,  202,  479  ;  John 
Elsen,  162,  480  :   Tho.  Fenner,  477  r  Abr. 
Finch,  445  ;  Sam.  Fitch,  336  ;  Nath.  Foote, 
115,461;  SethGrant,  481  ;  Tho.Greenhill, 
356,  360  ;    Edw.  Harrison,  474  ;    Blaynch 
Hunt,    457;    Samuel    Ireland,     136,468; 
Thomas  Johnson,  49,  55,   453 ;    William 
Lotham,  473  ;  Edward  Mason,  57  ;  Thomas 
Newbery,  44  ;  John  Oldham,  3,5,  91  ;  Rich. 
Rissly,    486 ;      Mr.    Robins,    356  ;     Rich. 
Sawyer,    169,  485;    Timo.  Staiidly,   489; 
Mr.  Stoughton,  83;  Sam.  Wakeman,  135; 
Tlio.  Welles,  346,  359,  395,396;  Goodwife 
Williams,  396,  433. 
Evidence,  orders  respecting  the  introduction  of, 

232,  337. 
Executions;  how  served,    115,117.  540;    fees 
for  levying,   146,  398;     appraisal  of  goods 
taken,  273,  525  ;  sales  by  officer,  273. 

Fairfield;  excepts  against  order  relating  to  ju- 
ries, 138  ;  orders  respecting  lands  there,  163, 
187  ;  bounds  with  Norwalk  to  be  laid  out  &c. 
414,  418  ;  grant  of  land  on  Sagatuck  River  to, 
208;  Dutch  vessel  seized  there,  231;  differ- 
ence with  Norwalk.  242  ;  constables,  fined  for 
neglect,  278 ;  deposition   respecting  land   a. 


GENERAL      INDEX. 


599 


the  neck,  298 ;  petition  of  inhabitants,  refer- 
red, 310;  provision  for  maintenance  of  Mr. 
Jones,  approved,  310  ;  boundary  with  Strat- 
ford, 367,  402;  enlistment  of  troop,  351; 
bounds  with  Norwalli,  414,  418. 
See  Pequannoc  ;  and  Golden  Hill. 

Fairs,  twice  a  year,  at  Hartford.  12.5. 

False  witness,  how  punished,  77. 

Farmington,  named    and    bounded,    133;    Mr. 
Steel    appointed    recorder,     134;     bounds, 
376; 
Indians  ;  hostilities  of,  294,  299,  303,  318  ; 

payment  required  of,  343. 
see  Tunxis. 

Fast  days,  appointed,  98,  99,  170,  206,  228,  251, 
263,  293,  323,  339,  364,  424. 
may  be  appointed  by  magistrates,  in   recess, 
277. 

Fees,  of  jurors,  9  ;  of  Secretary  and  Registers, 
for  recording,  37,  106,  151,  196,  277;  on 
entry  of  actions,  39,  277  ;  forjcopies  of  laws, 
39,331;  on  licenses,  333;  on  attachments 
&c.  100,  277  ;  for  warrants,  105,  277  ;  of 
prison  keepers,  138,277;  of  leather  sealers, 
287,  377  ;  of  pound  keepers,  292  ;  of  pack- 
ers, 347,  391 ;  of  custom  masters,  332;  of 
raarshall,  398 ;  of  courts,  in  civil  actions 
399;  on  entry  of  petitions,  381. 

Fences;  orders  respecting,    101,  105,  381,  516, 
518  ;  on  east  side  of  the  river,  417. 

Fence  viewers,  to  be  chosen,  381. 

Fenwick,  George  ;  committee  to  confer  with,  30 
his  reply,  respecting  union,  bounds  &c.,  31 
nom.  for  magistrate,  36  ;  invited  to  join  the 
plantations,  82  ;  comm'r  to  U.  Colonies,  90  ; 
payment  to,  for  repairs  of  fort,  95  ;  agreement 
with  for  purchase  of  Saybrook,  113,  119, 170, 
178,  215,  258,  266,  280,  345,  568;  letters  to 
be  sent  to,  248  ;  grant  to  Saybrook,  froia,  282  ; 
will  of,  341,  574  ;  final  settlement  with  heirs 
of  318,  325,  327,  362,573. 

Ferry  ;  at  Niantecut,  granted  to  Gov.  Winthrop, 
357.     See   Windsor  and  Saybrook. 

Fidelity,  oath  of  by  whom  to  be  taken,  139. 

Fisheries  ;  on  Long  Island,  agreement  with  Mr. 
Fenvt'ick  concerning,  68  ;  whale,  exclusive 
right  for,  granted  Mr.  Whiting,  154. 

Fisher's  Island  ;  grant,  to  Gov.  Winthrop,  64. 

Flax  ;  raising  of,  enjoined,  61,  64. 

Flushing  ;  deputy  sent  from,  426  ;  comm'r  ap- 
pointed, 428  ;  freemed  admitted,  430. 

Foreigners,  not  to  retail  goods  in  the  colony,  207  ; 
sale  of  arms  &c.  to,  prohibited,  139,  145. 


t 


Fort,  at  Saybrook  ;  see  Saybrook. 

Fort  rate  ;  receipts  for,  325-7  ;  orders  respect- 
ing, 170,  178,  204,  221,  280,  345. 

Freemen;  oath  of,  62;  qualifications  of,  21,23, 
96,  290,  331,  389,  439  ;  to  be  nominated  at 
October  court,  331,  389  ;  how  disfranchised, 
138,  389  ;  to  be  admitted  by  the  Gen.  Assem- 
bly, 418. 

French;  sale  of  guns,  &c.  to,  prohibited,  130  ; 
trade  with  Indians  by,  prohibited,  197. 

Fundamental  Orders  ;  see  Constitution. 

Gaming,  prohibited,  289,  527. 
General  Court ;  see  Court,  General. 
Golden  Hill,  set  off  to  Paquannack  Indians,  336. 
Goodwin,  William,  trustee  of  Mr.  Hopkins'  leg- 
acy ;    letters  from,  374,  578. 


Governor  ;  how  elected,  21  ;  oath  of,  25  ;  qual- 
ifications for  office,  22  ;  powers  of,  23,  25  ; 
alteration  of  law  respecting  election,  346,  347  ; 
allowance  of  salary  to,  69,  131,  161. 

Grain  ;  see  Corn. 

Grand  Jury;  appointment  and  duties  of  91,  536, 
349  ;  to  be  sworn,  350,  364  ;  names  of,  349, 
379. 

Grants  of  land  I  to  Jer.  Adams,  377  ;  John  Ad- 
ams, 395  ;  John  Allyn,  376  ;  Math.  Allyn, 
372,  375,  419,  436  ;  John  BisssU,  246  ;  Rob. 
Chapman,  289  ;  Dan.  Clark,  376  ;  Aaron  Cook, 
246,  367  ;  Fairfield,  208 ;  Jas.  Fitch,  282  ; 
Tho.  Ford,  72,  246  ;  Jona.  Gilbert,  372  ; 
John  Gilbert,  393;  John  Griffin,  410;  Gov. 
Haynes,  82,  234,  250,  298  :  Jos.  Haynes,  380  ; 
Eph.  Huit,  70  :  Anth.  Howkins,  376  ;  Tho. 
Judd,  376  ;  Rich.  Lord,  377  ;  Capt  Mason 
and  his  soldiers,  70,  208,  221,  230  :  John  Ma- 
son, 209,  224,  406,  432 ;  John  Moor,  376  ; 
Ens.  Olmstead,  391;  Pequot  (town  of )  208; 
Mr.  Phelps,  419;  Jas.  Rogers,  340;  R.  Salt- 
ingstall,  72  ;  Sam.  Sherman,  436  ;  Saybrook, 
419;  Mrs.  Stone,  4)3;  John  Talcott,  376; 
John  Tinker,  359;  Sam.  Willys,  377;  John 
Winthrop,  64,  223,  243,  246,  337. 
of  Niantecut  Ferry  to  John  Winthrop,  357. 

Greenwich,  admitted  to  jurisdiction,  388. 

Guards,  on  Sabbath  days,  73,  95,  96, 150, 162,344; 
to  be  supplied  with  powder,  212  ; 
of  the  Governor,  to  be  allowed  powder,  246. 

Guilford,  admitted  to  jurisdiction,  387  ;  consta- 
ble confirmed,  405. 


Hastings  ;  officers  appointed  there,  413,  436. 

Hartford,  named,  7 ;  bounds  of,  8 ;  constable 
sworn.  43  ;  bounds  with  Wethersfield,  69  ; 
building  of  the  great  bridge,  225  ;  allowance 
to  the  Governor's  guard,  246  ;  ordinary,  licen- 
sed, 378  ;  train  band  to  have  the  pre-eminence, 
390  ;  difficulties  in  the  church,  (see  Ecclesi- 
astical Affairs.) 

Harvard  College  ;  see  Education. 

Haynes,  John,  sent  to  the  River's  mouth,  to 
treat  with  the  Bay,  10  ;  sent  to  the  Bay,  82  ; 
to  keep  court  at  the  sea  side,  126  ;  requested 
to  endeavor  to  procure  an  enlargement  of 
Patent,  126  ;  grant  of  land  to,  at  Pawtucket, 
234,  250,  298  ;  death  of,  251. 

Hemp,  cultivation  of  enjoined,  61,  64,  79. 

Hempstead;  423;  constable  to  be  displaced, 
424;  deputy  from,  426  ;  comm'r  for,  appoint- 
ed, 428  ;  freemen  from,  accepted,  429. 


-fHeresy,  how  punished,  283,  303,  308,  324. 

Herman  Garrett ;  claims  at  Pawcatuck,  259. 

Hides ;  see  Leather. 

Highways,  between  towns,  how  repaired.  91, 
527  ;  between  Windsor  and  Hartford,  17,51, 
56,  125;  surveyors  of  to  be  appointed,  91,527. 

Ilockanum  ;  petition  respecting  lands  there,  362  ; 
bridges  to  be  built  at,  417. 

Homonoscitt ;  (Haramonasset,)  committee  to  in- 
quire concerning,  400  ;  Saybrook  no  right  to 
land  there,  401  ;  land  to  be  laid  out  there, 
404  ;  petition  of  John  Clow,  for  lands,  408  ; 
orders  respecting  planting  of  409,  414  ;  bounds 
with  Saybrook,  418. 

Hopkins,  Edward,  allowed  to  trade  at  W^ra- 
noke,  57  ;  his  mill  attached,  67  ;  proposes  a 
trade  in  cotton,  59,  75  ;   desired  to  adjust  dif- 


600 


GENERAL      INDEX 


ferences  with  the  Dutch,  68,  566  ;  sent  to  fur- 
ther a  union  of  the  colonies,  90  ;  to  press  sol- 
diers for  defence  of  Uncas,  94  ;  engagement 
for  exportation  of  corn,  116  ;  comm'r  of  U. 
Colonies,  128;  agent  for  Mr.  Fen  wick,  132, 
134  ;  proposed  departure  for  England,  222  ; 
absent,  257  ;  letter  to  be  sent  to,  261 ;  bis 
death,  341  ;  legacy  to  the  colony,  374,  578; 
orders  respecting  his  estate,  322,  338,  341, 
345,  350,  370,  374,418. 

Horses,  penalty  for  selling  to  Indians,  284  ;  not 
to  be  exported  without  entering  marks,  356. 

House  of  correction  to  be  built,  47  ;  allowance 
to  keeper  of,  204. 

Householders  ;  unmarried  men  not  to  be,  8  ;  not 
to  entertain  young  men  in  families,  8. 

Huntington ;  inhabitants  of  admitted  under  this 
government,  348,  377,  379  ;  exempted  from 
taxes,  380  ;  order  respecting,  382  ;  officers 
appointed,  401,  406,  428  ;  freemen  admitted, 
428. 

Idleness,  to  be  punished,  528. 

Impressment  of  men,  arms  &c.  when  authorized, 

94  ;  for  war  with  the  Dutch,  241. 
Indians ;  orders  regulating  trade  with,  in  arms, 
&c.,  1,  74,  79,  138,  163  ;  in  corn,  11,  13,  19; 
for  beaver,  20  ;  in  venison,  74  ;  on  L.  Island, 
72  ;  in  timber,  214  ;  in  liquors,  47,  263,  338, 
354;  a  general  trade  with,  proposed,  113; 
trade  with  Dutch  and  French  prohibited,  197, 
218;  sale  of  horses,  boats  &c.  to,  prohibited, 
284  ;  rights  of,  protected,  14,  355  ;  sachems 
answerable  for  their  tribes,  1 9  ;  Indians  not 
to  enter  houses,  handle  arms  &c.,  52,  73,  106, 
235,  294  ;  in  plantations,  at  night,  may  be 
shot,  if  they  resist,  46,  240  ;  not  to  bring  arms 
into  the  towns,  294,  351  ;  smiths  not  to  work 
for  them,  74,  79  ;  measures  for  redress  of 
wrongsdone  by,  139,  146  ;  admitted  under  the 
government  of  the  English,  when,  139  ;  lease 
of  lands  to,  prohibited,  142,  161;  ordered  to 
deliver  up  their  arms,  240  ;  instructors  provi- 
ded for  them,  265,  531 ;  committee  to  counsel 
and  advise  them,  288,  299  ;  purchase  of  land 
from,  prohibited,  403  ;  towns  not  to  permit 
stragglers  to  be  harbored,  350  ;  other  orders 
relatingjto,  293,  371,  375,  529. 
of  Stamford  ;  war  declared  against,  197. 
Nimrod,  prosecuted  for  killing  swine,  226. 
letter  to   commissioners,  respecting  hostilities 

of  the  Narragansetts,  353,  576. 
murders  committed  by,  at  Farmington,  294  ; 
plot  of  1642,  73. 

See  Pequots,  Mohegans,  Narragansetts,  Un- 
cas, Sowheag,  Sequassen,  &c. 

Inhabitants ;  admission  of,  21,  96  ;  qualifications 
of,  293.  351 ;  not  to  sell  lands,  without  con- 
sent of  town,  351. 

Inquest  in  case  of  sudden  death,  42,  523. 

Insolvent  estate  ;  caveat  how  entered,  151,  518. 
of  Tho.  Marshfield,  76,  89,  115,  137,  159. 

Inspection,  of  pipe  staves,  67  ;  of  yarn,  104  ;  of 
leather,  75,  287  ;  of  weights,  and  measures, 
16,85,  100,  104,  159,541. 

Interpreter;  Tho.  Stanton  appointed,  10,175; 
an  allowance  made  to,  200  ;  Jon.  Gilbert  ap- 
pointed, 139. 

Invasion,  or  insurrection ;  penalty  of,  78  ;  pro- 
visions in  cass  of  hostile,  324, 


Inventories  of  estates  of  deceased  persons,  when 
and  how  taken,  31,  553  ;  fees  for  recording,  31, 
105.  See  Estates  ;  and  Wills  and  Inventories. 

Jamaica ;  deputy  sent  from,  426 ;  comm'r  ap- 
pointed for,  428  ;  freemen  admitted,  429. 

Jurors,  oath  of,  57  ;  fees  of,  9  ;  how  paid  in  civil 
actions,  55. 

Juries  ;  a  majority  may  give  verdict,  84 ;  may 
be  sent  out  a  second  and  third  time,  118,  536  ; 
may  consist  of  six  or  twelve,  118, 138,  535, 

Killingworth  ;  see  Hammonasset. 
Kettle  Brook ;  a  bound  of  Windsor,  7. 

Labor ;  price  of,  regulated,  52,  65,  205  ;  repeal 
of  order  regulating,  61. 

Lands,  to  be  recorded,  37  ;  bounds  of,  to  be 
marked,  by  owners,  53  ;  not  to  be  sold  with 
out  consent  of  the  town,  35 1 ;  not  to  be  pur- 
chased of  Indians,  402  ;  nor  leased  to  them, 
142;  tenure  of,  536;  may  be  extended,  for 
payment  of  debts,  151. 

Laws,  to  be  revised  and  recorded,  36  ;  how 
enacted,  119;  Mr.  Ludlow  desired  to  prepare 
a  code,  138,  154  ;  adoption  of  code,  and  com- 
pensation for  recording,  216  ;  how  to  be  pub- 
lished, 39  ;  to  remain  in  force  under  the  char- 
ter, 387,  440.     Code  of  1650,  509. 

Leather;  manufacture  and  inspection  of,  60,  75, 
162,  259,  285,  287,  298  ;  sealers  of  their  ap- 
pointment and  duties,  285,  286,  299,  377. 

Letters,  respecting  the  conveyance  of,  441. 

Licenses,  to  retailers,  &c.  283,  289,  360,  375, 
396,  418,  430  ;  may  be  granted  by  magistrates, 
283  ;  by  Gen.  Court,  332.  See  Taverns ;  and 
Spiritous  Liquors. 

Lists,  orders  respecting,  360,  419,  429,  433. 
See  Rates. 

Long  Island  ;  orders  respecting  plantations  on, 
388-390,  423  ;  taxes,  how  to  be  paid,  431  ; 
power  of  magistrates  there,  316,  336  ;  payment 
for  losses  by  fire,  351 ;  powers  of  comm'rs 
there,  402  ;  freemen's  oath  to  be  administered, 
403  ;  controversy  with  the  Dutch  respecting, 
410,  413  ;  Connecticut  officers  to  forbear  ex- 
ercising authority  there,  416 ;  propositions 
respecting  jurisdiction,  423  ;  towns  ordered  to 
submit  to  Conn.,  424  ;  declared  within  char- 
ter limits,  427  ;  freemen  admitted,  427,  428  ; 
proceedings  against  John  Scott,  418,  420,  421, 
424,  430,  436.  See  Southampton,  Easthamp- 
ton,  Setauket,  Southold,  &c. 

Ludlow,  Roger  ;  sent  to  treat  with  the  Bay, 
about  the  Pequot  country,  10;  deputy  gov- 
ernor, 27  ;  commences  a  plantation  at  Uncoa, 
35  ;  desired  to  prepare  certain  laws,  42  ;  mod- 
erator of  Part.  Court,  86  ;  requested  to  prepare 
a  body  of  laws,  138,  154  ;  comm'r  to  the  U. 
Colonies,  222,  241. 

Lying,  to  be  punished,  68,  537. 

Magazines,  of  ammunition  to  be  provided,  15. 

Magistrates,  how  elected,  22 ;  to  be  nominated 
previously,  22  ;  oath  of,  26  ;  exempted  from 
training  &c.  350,  and  from  ferriage,  355  ;  cer- 
tain powers  and  duties  of,  14,  21,  52,  58,  96, 
277,  324,  350,  408. 

Malt;  distillation  of,  prohibited,  333. 

Manhatoes ;  see  Dutch. 


GENERAL      INDEX. 


601 


Manstealing,  punishable  with  death,  77. 
Market ;  weekly,  at  Hartford,  91. 
Marriages;    contract  to  precede  covenant,  47, 
48  ;  to  be  recorded,  48,  i06  ;  without  consent 
of  parents  &c.  prohibited,  92,  540. 
Maratime  Affairs ;  employment  of  ship  carpen- 
ter, proposed,  74  ;  supply  of  cordage,  provided 
for,  79  ;  building  of  a  ship,  proposed,  80  ;  en- 
couragement to  owners  of  Wethersfield  ship, 
200  ;  masters  of  vessels  not  to  weigh  anchor 
on    Sunday,    247 ;     seamen    exempted    from 
training,  &c.  31G. 
Marshall  ;  fees  of  stated,  398,  540. 
Mason,  John ;    commander  against  the  Pequots, 
9  ;  sent  to  Agawam,  14  ;    appointed  military 
officer,  15  ;  sent  to  Warranoke,  17, 19  ;  to  de- 
mand tribute  from  L.  Island  Indians,  70,  164  ; 
to  press  soldiers   for  defence  of  Uncas,  94  ; 
moves  to  Saybrook,    155,   156;  Chippachaug 
granted  to  him,    224  ;    proposes  to  move  to 
Delaware,  227  ;  sent  to  L.  Island,  to  deal  with 
the  Montauks,  295,  307  ;  sent  to  examine  sus- 
picions of  witchcraft  at  Saybrook,  338  ;  sur- 
renders land   bought  of  Uncas,    359  ;    acquit- 
ted of  charges  brought  against  him,  403;  grant 
of  farm  to,  406 ;    liberty  to  take  up  farm  at 
Pomakuck,  432. 
Massachusetts  ;  combination  with,  proposed,  30, 
82,  91  ;  letter  to  be  sent  to,  412  ;    boundaries 
with  Conn.,  435  ;  claims  the  Pequot  country, 
311,  389,  570, 
Massacoe,  31 ;  lands  there  to  be  disposed  of,  71 ; 
to  be  purchased,  161 ;  committee  to  dispose  of 
lands  there,   323  ;    grant  to   Lt.   Cooke,  246, 
364,  367  ;  bounds  with  Farmington,  376 ;  lands 
there  to  be  laid  out  to  inhabitants  of  Windsor, 
397. 
Massapeage ;  contract  of  Richard  Haughton  for 

purchase  of,  309. 
Mattabeseck,  31  ;  settlement  proposed,  146  ;  com- 
mittee, about  lands  there,  206  ;  made  a  town, 
224  ;  to  be  rated,  228  ;  named  Middletown,  250. 
Mattanag ;  residence  of  Sequassen,  56. 
Measures  ;  see  Weights  and  Measures. 
Menunketeseck,  land  at,   granted  Mr.  Fitch,  282. 
Middletown,  named,  250  ;  mill  there,  333;  com- 
mittee to  settle    differences,    343 ;     ordinary 
keeper,  344;  bounds  of,  395,  413  ;  church    of, 
(see  Ecclesiastical  affairs.) 
Military  Force  ;  repeal  of  former  orders  respect- 
ing, 16  ;  provision  for  training,  4;    orders 
respecting,   15,  30,  97,  125,  151,  222,  241  ; 
subjects  of,   15,  75,  542  ;  who  exempt.  15, 
62,  316,  349,  350  ;    general  trainings,  266, 
322  ;  enrolment  of  troopers,  299,  309  ;  their 
privileges,  299,  381,  389  ;  rank  of  compa- 
nies determined,  390  ;  penalty  for  disobe- 
dience to  officers,  432. 
officers ;  Capt.  Mason  appointed,    and  salary 
stated,  15  ;  officers,  how  chosen,  151  ;  free 
from  watching,  &c.    48  ;    commissions  to, 
how  issued,  429  ;  of  troops  of  horse,  may 
fill  vacancies,  360 ;     officer  appointed   at 
Pequot,  187  ;  at  Farmington,  187  ,•  at  Weth- 
ersfield, 194. 
stores,  to  be  provided,  and  how,   3,  4,  15,  30, 
91,  93,  134,  165,  543  ;  inspection  of,  282, 
350  ;  cannon  to  be  procured,  70,  74  ;  pikes, 
74  ;  arrow-proof  coats  to  be  provided,  75  ; 


arms  or  military  stores  not  to  be  sold  to  for- 
eigners, 138,  139,  145,  163; 
ammunition  &c.  rec'dfrom  England,  239,244. 

Mills  and  Millers  ;  toll  dishes  to  be  provided, 
331  ;  toll  regulated,  393  ;  saw  mills,  246,262. 

Mines  and  minerals  ;  letter  of  John  Winthrop 
respecting,  222  ;  encouragement  to  discover- 
ers of,  223,  440. 

Ministers  ;  see  Ecclesiastical  Affairs. 

Moderator,  of  Gen.  Court,  when  to  be  appointed, 
256,  426. 

Mohegan  ;  men  to  be  impressed,  for  the  protec- 
tion of  Indians  there,  128  ;  see  Uncas. 
Mr.  Brewster's  trading  house,  209  ;  petition 
respecting  a  settlement  there,  336  ;  land  for 
John  Tinker,  at  or  near,  366.     See  Norwich. 

Money  ;  value  of  rix  dollars  stated,  86. 

Montacut  (Montauk)  Indians ;  295,  296. 

Murder,  punishment  of,  77. 

Mystick  and  Pawcatuck  ;  order  respecting  Wm. 
Chesebrough,  200,  216  ;  he  appears  before  the 
Court,  210  ;  vessel  seized  at  Pawcatuck,  239  ; 
ministry  there,  292  ;  Indians,  to  retain  plant- 
ing ground,  250  ;  proposed  separation  from 
Pequot,  293,  299  ;  to  pay  Mr.  Blinman,  300  ; 
order  reelecting,  389  ;  controversy  with  Mas- 
sachusetts, about  jurisdiction,  389,  405,  570- 
572  ;  instructions  to  Serg.  Minor,  411  ;  their 
offences  pardoned,  433  ;  ordered  to  return 
lists  of  estate,  434  ;  commissioners  appointed 
there,  435.    See  Pequot ;  and  Pawcatuck. 

Nameage,  bounds  of,  224. 

Narragansetts ;  expedition  against,  261,  263, 
273  ;  hostilities  with  Uncas,  at  Niantic,  301  ; 
letter  to  Comm'rs  of  U.  Col.  relating  to,  576  ; 
payment  of  wampum  by,  355,  362.  See 
Kinigret. 

New  Haven  ;  committee  to  confer  with  about 
measures  against  the  Indians,  197  ;  about  the 
ship  &c.  244  ;  to  confer  about  union,  396  ; 
charter  or  copy  not  to  be  sent  there,  405  ; 
committee  to  treat  with,  407  ;  declaration  of 
Gen.  Court  respecting,  415  ;  letter  to  be  sent 
to,  415  ;  to  be  required  to  submit,  437;  mag- 
istrates continued  in  office,  440  ;  documents 
relating  to  the  union  with,  586-590. 

New  London,  named,  310,  313;  grant  to  Jas. 
Rogers,  340  ;  petition  from  John  Tinker,  347  ; 
packer  appointed,  347  ;  provisions  for  courts 
there,  352,  374  ;  orders  respecting  bounds, 
366,  374,  393,  397,  411,  413,  419,  429;  ord- 
nance loaned  to  them,  352  ;  list  makers  fined 
for  errors  in  rating,  392,  405. 
See  Pequot,  and  Nanieag. 

Newtown  ;  name  changed  to  Hartford,  7. 

Newtown,  (L.  Island);  deputy  sent  from,  406; 
comm'r  for,  428  ;  freemen  admitted,  430. 

New  York,  committee  appointed  to  visit, — and 
settle  bounds,  435. 

Niantic  ;  (Nianticut)  land  there  granted  to  Capt. 
Mason's  soldiers,  208,  228,  230  ;  meadow 
granted  to  Pequot,  209,  221 ;  right  of  ferry,  to 
Gov.  Winthrop,  357. 

Niantic  Indians ;  see  Ninigret  and  Narragan- 
setts. 

Ninigret ;  payment  for  E.  Pomry's  mare,  de- 
manded from,  227  ;    war  with,  declared,  261. 

Norwottuck  ;   14,  294,  302. 


602 


GENERAL      INDEX 


Norwalk,  provision  respecting  settlement  of,  210  ; 

made  a  town,  224  ;  subject  to  rule  of  rating, 

223,    355  ;    difference    with    Fairfield,  242 ; 

with  the  Indians,  353  ;    bounds  of,  414,  418  ; 

orders  respecting,   235,   277,   357  ;    fined  for 

neglect  to  return  lists,  279,  360. 
Norwich,  committee  to  be  sent  from,  about  its 

admission   as   a  town,  374  ;    grant  to,  from 

Uncas,  to  be  recorded,  393  ;  freemen  accepted, 

406.    See  Mohegan. 

Oaths,  forms  of,  25,  26,  54,  62,  545  ;  of  fidelity,- 
to  whom  administered,  139,293;  of  allegi- 
ance, to  be  taken,  by  householders,  439. 

Orders  ;  see  Laws. 

Ordinaries  ;  keepers  of,  to  be  appointed  in  each 
town,  103  ;  orders  respecting,  154,338,  533. 

Overseers  of  towns  ;  see  Townsmen. 

Oyster  Bay  5  commissioner  for,  appointed,  428. 

Packers,  to  be  appointed,  391 ;  at  N.  London,  347. 
Pacomtuck(et) ;   14,  294,  302. 
Particular  Court ;  see  Court,  Particular. 
Patent  :  enlargement  of,  sought,  126  ;    Mr.  Fen- 
wick  requested  to  go  to  England,  to  attend, 
128  ;     measures  for   procuring  a  new,   (see 
Charter)  ;    the  old,  never  transferred    to  the 
colony,  268,  568,  586. 
Pawcatuck  ;    liberty  for  a  trading  house  there, 
to  Tho.  Stanton,  204  ;    grant  to  Mr.  Haynes, 
234,  250,  298.     See  Mystick  and  Pawcatuck. 
Peage  ;  not  to  be  received  unless  well  strung, 
179,  546  ;  price  of  fixed,  61,  79. 
See  Wampum. 
Penal  laws,  to  be  published  &c.  39. 
Pequannock  ;    proceedings  of  Mr.  Ludlow,  35  ; 
court  to  be  erected  there,  36  ;  difference  with 
Mr.  Prudden,  36  ;  to  send  deputies,  36  ;  bounds 
of,  to  be  settled,  47,  62,  68  ;  oath  for  freemen 
there,  54.      See  Stratford. 
Indians  ;    28,   348  ;  see  Golden  Hill. 
Pequot  Indians  ;  war  declared  agamst,  9  ;    pro- 
visions for  prosecution  of,  9,  10,  11  ;  pay- 
ment   of   expenses    of,     12 ;     expedition 
against,  32. 
country  ;  committee  appointed  to  view,  60  ; 
grant  to  Capt.  Mason  and  his  soldiers,  70  ; 
lands  to  be  disposed  of  by  Part.  Court,  71  ; 
controversy   with    Massacliusetts,   respect- 
ing, 311,335,  570. 
plantation  of ;  Mr.  Winthrop  commissioned  a 
magistrate,   164,    179  ;    freed  from  public 
charges,  185  ;  boundaries  of,  185,  208,  221; 
court   erected   there,  186  ;    name   of  Fair 
J/arior  recommended,  186  ;  orders  respect- 
ing, 233,  251,  256, 265  ;  proceedings  in  re- 
lation to  M.  and  Pawcatuck,  293,  299,  300  ; 
ordinary,  licensed    there,   276,  285,    292 ; 
support  of  ministry    at,   292  ;  dispute  with 
Uncas  about  lands,  434  ;  named  JVew  Lon- 
don-, 310,  313;  listof  estates,  311. 
See  New   London ;  Nameage ;  Mystick  and 
Pawcatuck. 
Petitions  to  Gen.  Court ;  fee  on  entry  of,  38. 
Pewter-pot  brook ;    north  bound    of  Wethers- 
field,  7,  8. 
Physicians  and  surgeons  ;  Jasper  Gunn,  exemp- 
ted from  watching  &c.  298  ;    Tho.  Lord,  al- 
lowed  a  compensation,   234 ;    Dan.  Porter's 
salary  stated,  279, 290,  377. 


Pipe  staves  ;   size  and  price,  regulated,  69,  79  j 

inspection  of,  67  ;    exportation  of,  200. 
Pitch  and  tar,  manufacture  of,  91,  114,248  ;  first 

made  by  J.  Griffin,  410. 
Pleas,  to  be  filed  with  Secretary,  before  trial,  85. 
Plymouth  ;  letter  to  be  sent  to,  about  Warwick, 

220  ;  sale  by,  to  Windsor,  53. 
Podunk  Indians  ;    their  quarrel  with  Sequassen, 

304  ;  orders  respecting  them,  307,  344,  371  ; 

lands   to   be  laid  out,    344 ;    agreement  with 

Tho.  Burnam,  345,  346,  364. 
Poisoning,  punishable  with  death,  77. 
Pomakuck  ;  farm  granted  Maj.  Mason  there,  432, 
Poquannock ;  see  Pequannock. 
Pounds  and  pound  breach ;    orders  respecting, 

379,  546. 
Powder  ;  see  Military  Stores. 
Prison  ;  repairs  of,  230  ;  addition  to  be  made  to 

430.     See  House  of  Correction. 
Provisions,  not  to  be  exported,  236,  258,  383  ; 

to  be  reserved  for  public  use,  240,  383. 
Public  debts  ;  see  Debts. 
Pyquag  ;  name  of  Wethersfield,  19. 

auakers,  orders  respecting,   283,  303,  308,  324" 
Quinnabaug,  proposed  settlement  there,  by  Gov. 

Winthrop,   337 ;    inhabitants  of,  admitted  to 

jurisdiction,  337. 
Quinnipiac;  28,  31,  32,  35,58. 

See  New  Haven. 
Quorum,  of  Gen.  Court,  how  formed,  24,  119; 

of  Comm'rs  of  U.  Colonies,  157. 

Rape,  punishable  with  death,  77. 

Rates;  levy  of,  12,  30,  32,  48,  79,  &c. 

to  be  collected  by  treasurer,  12  ;  apportion" 
ment  of,  25;  for  repair  of  fort,  95,  139  ; 
in  what  articles  payable,  13,  61,  69,  79, 
550;  collection  of,  113,213,215,284,  357, 
362,  391,  393,  547  ;  assessment  of,  59,  380, 
390,  548. 

Real  Estate  ;  see  Lands. 

Rebellion ;  how  punished,  78. 

Recognizances,  fees  on,  196. 

Recorders,  to  be  cho.sen  in  each  town,  37,  552  ; 
to  record  lands,  37  ;  marriages  and  births,  48, 
305;  deeds  and  mortgages,  38,  83;  wills  and 
inventories,  38. 

Records,  of  penal  laws  &c.,  to  be  made  in  each 
town,  39;  of  marriages  &c.  48,  105;  copies, 
how  authenticated,  38  ;  to  have  force  in  other 
colonies,  179  ;   orders  respecting,  551-554. 

Registers  ;  see  Recorders. 

Replevin ;  bond  to  prosecute,  to  be  given,  105. 

Retailers  ;  see  Licenses. 

Rhode  Island  ;  fugitives  harbored  by,  220  ;  com- 
mission to  Tho.  Baxter,  253  ;  bounds  with,  to 
be  settled,  435. 

River,  purchase  of ;  see  Saybrook ;  and  Fenwick, 
George. 

Robin  Cassasinamon  ;  allowed  to  retain  the  Mo- 
hegan (or  Pequot)  tributaries,  292  ;  note  res- 
pecting him,  292  ;  Mohegans  to  remain  with, 
(Seano,)  340 ;    land  to  be  set  out  for,  440. 

Rum  ;  see  Spirituous  Liquors. 

Sales,  at  excessive  rates,  prohibited, 

of  land,  to  be  recorded,  37,  152,  552  ;  by  offi- 
cer, on  execution,  152  ;  after  caveat  en- 
ter ed,  void,  152. 


GENERAL      INDEX 


603 


Salt,  proposed  manufacture  of,  on  L.  Island,  G8. 

Saybrook  ;  tax  for  repairs  of  fort,  95,  139,  IGl  ; 
orders  respecting,  128,  161;  dwelling  house 
to  be  erected,  187,  188,  200,  206  ;  lay  out  of 
lands,  188 ;  fencing  of  common  fields,  232  ; 
grant  to,  from  Mr.  Fenvvick,  282;  provisions  for 
defence  of,  237,  238  ;  order  respecting  farm 
at  6  mile  island,  333;  proposed  settlement  of 
Mohegan,  336;  ferry  authorized,  391;  en- 
forcement of  town  orders,  353;  proposed 
plantation  east  of  river,  419;  orders  respect- 
ing, 418,  429. 
purchase  of;  see  Fenwick,  George. 

Seal,  of  the  colony;  order  respecting,  386. 

Sealers ;  see  Weights  and  Measures  ;  and  Leather. 

Seamen,  exempted  from  training,  316. 

Secretary  ;  election  of  Mr.  Hopkins,  27  ;  to  re- 
cord grants  of  land  &c.  38  ;  to  cause  laws  to 
be  published,  39,  555  ;  fees  on  entry  of  civil 
actions  &c.  196,  277  ;  for  recording,  277, 
331;  on  licenses  to  retailers,  333;  compen- 
sation for  recording  code  of  1650,  216  ;  in- 
crease of  fees,  277. 

Secrets,  of  the  Court;  penalty  for  disclosing,  39, 
520. 

Select  men ;  see  Townsmen. 

Sequassen  ;  reference  to  treaty  with,  28  ;  Rich. 
Lyman  complains  against,  33  ;  a  friend  of  the 
English,  56  ;  lived  at  Mattanag,  56  ;  charged 
with  plotting  against  the  English,  73  ;  allied 
with  Uncas,  against  the  Podunks,  304  ;  Major 
Mason's  testimony  respecting  his  defeat  by 
Uncas,  434. 

Sequin  ;  see  Sowheag. 

Servants ;  see  Apprentices. 

Setauk(et;)  petition  from,  341;  admitted  to  ju- 
risdiction, 365  ;  committee  to  settle  matters 
there,  406  ;  called  Ashford,  421  ;  commis- 
sioner appointed,  428. 

Sheep  ;  at  what  value  rated,  349. 

Sickness ;  intercourse  with  New  Netherlands 
suspended,  during  prevalence  of,  398  ;  among 
the  Indians,  398. 

Sodomy,  punishable  with  death,  77. 

Soldiers  ;  see  Military  Force. 

Southampton  ;  admitted  to  jurisdiction,  129  ; 
copy  of  combination  with,  566  ;  complaint  of 
Jonas  Wood,  281  ;  difference  with  the  In- 
dians, 295,  316  ;  letter  to  be  sent  to,  307  ; 
powers  of  magistrates,  336  ;  orders  respect- 
ing, 134,  348,  368,  402;  acts  of  court  there 
approved,  414. 

Southold  ;  admitted  to  jurisdiction,  386  ;  letter 
from,  386  ;  freemen  accepted,  388  ;  magis- 
trates appointed,  390,  402,  428  ;  privileges 
confirmed,  406. 

Sowheag  (Sequin  ;)  Wethersfield  purchase  from, 
5  ;  murderers  harbored  by,  31  ;  accounted  an 
enemy,  58  ;  implicated  in  Indian  plot,  73  ; 
preparations  for  war  against,  74  ;  difficulties 
with  Wethersfield,  1 9 ;  land  reserved  for  his 
posterity,  at  Wonggum,  434. 

Spirituous  Liquors;  sale  of  .prohibited,  100; 
regulated,  154,  263,  283,  331,  332,  533  ;  sale 
to  Indians  prohibited,  255,  263  ;  not  to  be 
imported,  255,  322  ;  duty  on,  255,  332. 

Springfield  ;    declaration  of  the  Court,  respect- 
ing the  payment  of  fort  rate  by,  189. 
See  Agawam. 

Stamford,  admitted  to  jurisdiction,  388  ;    order 


respecting,  403  ;  account  of  constables  there, 
(for  pursuit  of  regicides,)  disallowed,  393  ;  de- 
clared to  belong  to  Connecticut,  410,  411. 

Stanton,  Thomas  ;  sent  to  Warranoke,  17  ;  ap- 
pointed interpreter,  19  ;  allowed  to  make  a 
voyage  to  L.  Island,  72  ;  quarrel  with  Rich. 
Lord,  94  ;  controversy  with  Math.  Allyn,  123 ; 
his  salary  discontinued,  139;  restored,  175, 
200  ;  liberty  to  erect  trading  house  at  Pawca- 
tuck,  204  ;  sent  to  Narragansett,  227  ;  pro- 
ceedings against,  303  ;  fined,  306;  comm'r  at 
Myjtick  and  Pawcatuck,  435. 

Staves  ;  see  Pipe  Staves. 

Stonington ;  570.  See  Mystick  and  Pawca- 
tuck ;   and  Pequot. 

Stratford  ;  magistrates  sent  there,  86  ;  letter 
to  be  sent  to,  105  ;  ferry,  163  ;  complaint 
about  mode  of  rating,  201  ;  assistants  appoint- 
ed, 233,  252;  constables  fined  for  neglect, 
278  ;  bounds  of,  281.  367,  402  ;  troop  raised, 
351  ;  difference  with  Lt.  Seely,  403. 
See  Cupheage  and  Pequannock. 

Stubbornness,  of  children  ;  law  to  be  provided 
against,  80,  138  ;  how  punished,  78,  515. 

Sumptuary  law  \  relating  to  excess  in  dress,  64. 

Surveyors  of  highways  ;  see  Highways. 

Swine:  orders  respecting,  1,64,83,118,  131, 
188,  214,  291,  557. 

Tanners  and  Curriers  ;  see  Leather, 

Tantonimo  ;    his  quarrel  with  Sequassen,  304  ; 
agreement  with  Tho.  Burnam,  346,  347. 
See  Podunk  Indians. 

Tar  ;  see  Pitch  and  Tar. 

Taverns  ;  see  Ordinaries. 

Taxes ;  see  Rates. 

Thanksgiving,  days  of,  appointed,  33,  113,201, 
209,  212,  225,  235,  262,  266,  279,  285,  307, 
325,  343,  357,  373,  412,  435  ;  to  be  appointed 
by  magistrates,  in  recess,  277. 

Theft;  punished,  110,  115;  by  Indians,  how 
punishable,  52. 

Timber  ;  orders  for  presentation  of,  60,  67. 

Tobacco;  use  of,  regulated,  53,  146,  153,  558; 
duty  on  imported,  380. 

Toll,  on  exports,  payable  to  Mr.  Fenwick,  119- 
122  ;  of  millers,  regulated,  393. 

Towns,  powers  of,  36-39;  clerks  of,  37,  38, 
105,  151  ;  bounds  of,  512. 

Townsmen,  how  appointed, — and  their  duties, 
37,  101,  118,  214. 

Trade  ;  right  of,  at  Waranocoe,  granted  to  Mr. 
Hopkins,  57  ;  at  Pawcatuck,  to  Tho.  Stanton, 
204;  at  Mohegan,  by  Jon.  Brewster,  209; 
with  the  Dutch,  prohibited,  114,  197  ;  restric- 
tions on,  removed,  261,  391,  402. 

Treasurer  ;  appointed,  12,  27  ;  orders  respecting, 
26,  30,  31,  68;  allowance  of  salary  tj,  307. 
See  Rates. 

Trespasses,  by  Indians,  to  be  paid  by  the  Sa- 
chems, 19;  by  cattle,  law  to  be  provided 
concerning,  60  ;  damages,  how  assessed,  558. 

Tribute,  of  the  seaside  Indians,  called  for,  52 ; 
Sequassen  exonerates  himself  from,  56  ;  due 
from  L.  Island  Indians,  79,  164. 

Tunxis  ;  (Unxus  [Sepus  ;)  committee  to  view, 
42  ;  orders  respecting  planting  of,  52  ;  hostile 
meeting  of  Indians  there,  apprehended,  133; 
plantation  there,  named  Farmington,  133. 


604 


GENERAL      INDEX. 


Uncas ;  treaty  with  proposed,  28,  32  ;  men  sent 
to  abide  with,  65  ;  permitted  to  enter  the 
plantations,  106  ;  proposed  war,  for  the  de- 
fence of,  130;  order  respecting,  186;  differ- 
ence with  Pequot,  251,  256  ;  beleaguered  by 
the  Narragansetts,  301 ;  provision  for  his  de- 
fence, 302 ;  allied  with  Sequassen,  against  the 
Podunlts,  304,  306  ;  agreement  with  Rich. 
Haughton,  309  ,  refuses  to  pay  a  fine,  355  ; 
his  grant  to  Norwich  to  be  recorded,  393. 

Uncoa  ;  (Uncoway  ;)  Mr.  Ludlow's  proceedings 
there,  35,  4 1  ;  bounds  with  Pequannock,  47  ; 
tribute  from  Indians  there,  52  ;  bounds  with 
Cupheage,  53;  court  established,  53 ;  magis- 
trates sent  there,  86  ;  letter  to  be  sent  to, 
about  rating,  105. 

Union  with  New  Haven.    See  New  Haven. 

United  Colonies  ;  acts  of,  respecting  maintenance 
of  ministers,  112  ;  poor  scholars,  at  Cam- 
bridge, 1 12  ;  force  of  verdicts,  in  other  colo- 
nies, 113;  sale  of  ammunition  &c.  to  foreign- 
ers, 113  ;  wampum,  179. 
"UnxusSepus;  42,_52.     See  Tunxis. 

Verdicts,  may  be  given  by  a  majority  of  the  jury, 
84  ;  to  be  of  force  in  the  other  colonies,  113  ; 
may  be  varied  by  the  court,  when,  118,  138  ; 
may  be  given  by  jury  of  6  or  12,  118  ;  special, 
when  to  be  given,  85. 

Wages  ;  orders  regulating,  52, 61,  65,  205  ;  may 
be  paid  in  corn,  61. 

Wampum  ;  value  of  stated,  13,  61,  79 ;  to  be 
well  strung,  179,  546. 

War  ;  with  the  Pequots,  9-12  ;  with  Stamford 
Indians,  197,  198  ;  with  the  Dutch,  241,  244, 
259;  with  Ninigret  and  the  Niantics,  130; 
against  Sowheag,  proposed,  58,  74. 

Warranoke(-ocoe);  exclusive  trade  with,  granted 
Mr.  Hopkins,  57  ;  Indians,  14,  17. 

Warrants,  for  collection  of  fines,  151 ;  in  civil 
actions,  196  ;  for  election,  23. 

Warwick;  reference  of  question  of  jurisdiction, 
to  the  Comm'rs  of  U.  Colonies,  220. 

Watch  and  Ward,  to  be  maintained  in  all  the 
towns,  1,  28,  560  ;  who  exempt  from,  15,  48 
62,  99,  234,298,  349,  350  ;  orders  respecting 
74,  196,  350  ;  constable  to  give  charge  to 
403. 

Watertown ;    breadth  of,   to  be   surveyed,   3 
church  covenant  approved,  2  ;    controversy 
with  Lieut.  Seely,  about  lands,   4,  49  ;  name 
changed  to  Wethersjield,  7. 

Weights  and  Measures ;  standards  of,  how  reg- 
ulated, 16,  85,  99,  104,  159,  541. 

Westchester ;  included  in  charter  limits,  387 ; 
committee  to  report  about  settlement  of,  403 ; 


to  settle  differences  there,  406  ;  accepted  as  a 
town,  411 ;  officers  appointed,  412,  426. 
Wethersfield  ;  named,  7  ;  boundaries,  7  ;  pur- 
chase from  Sowheag,  2  ;  treaty  with  Sequas- 
sen, 28  ;  desire  a  plantation  at  Tunxis,  42  ; 
ask  an  answer  respecting  Uncoa,  41 ;  consta- 
ble sworn,  43  ;  difference  with  Mr.  Smith,  45, 
87,  90  ;  agreement  with  the  adventurers,  4, 
49,  63;  number  of  the  guard,  decreased,  162  ; 
ship,  owned  there,  200 ;  first  settled,  of  the 
River  towns,  513. 

See  Watertown ;  and  Ecclesiastical  Affairs. 
Wickford,  named,  and  officers  appointed,  407. 
Wills  and  Inventories  ;    orders   respecting,    34, 
179  ;  to  be  proved  and  recorded,  38,  553  ; 
fees  for  recording,  105,  277,  556. 
record  of ;  of  Wm.  Butler.  482  ;  Ed.  Ghalkwell, 
492  ;    Rob.  Day,  487 ;    John  Elsen,    480  ; 
Wm.  Frost,  465  ;    Giles   Gibbs,  504  ;    Tho. 
Hooker,  498 ;    John  Horskins,   483 ;    Eph. 
Huit,458;    Blaynch  Hunt,  457  ;    Wm.  Lo- 
tham,  474  ;    Rich.  Lyman,   81,  442;    Tho. 
Nowell,  506  ;    Jas.  Olmstead,    446  ;    Henry 
PacksC?)  56  ;    John  Porter,  475  ;  John  Par- 
kas, 466  ;  Tho.  Scott,  453  ;    Henry  Smith, 
502  ;  Wm.  Spencer,  449  ;  Joyce  Ward.  451  ; 
Wm.  Whiting,  493  ;    Geo.  Willis,  468 ;  Ed. 
Veir,  463. 
For  Inventories   &c.  of  intestate  estates,' see 
Estates. 
Windsor  ;  named,  7  ;  bounded,  7,  8,  72 ;    bridge 
and    meeting    house    built,    42 ;    constable 
sworn,  43 ;  purchase  from  Plymouth,  53  ;  ferry 
established,  71, — and  granted,  174,  281,298, 
310,  394  ;   families  Uving  remote  from  neigh- 
bors, 196 ;    petition  of  inhabitants  of,    312 ; 

church  ;  see  Ecclesiastical  Affairs. 
See  Dorchester. 
Wine  ;  see  Spirituous  Liquors. 
Winthrop,  John ;     commissioned  to  execute  jus- 
tice, at  Pequot,  157  ;  a  magistrate,  there,  164  ; 
nominated  magistrate,  179  ;  made  free,  207  ; 
letter  from,  respecting  mines  &c.,  222  ;    resi- 
ded at  Nameag,  224  ;    chosen  governor,  297  ; 
requested  to  reside  at  Hartford,  298,  301,  306  ; 
grant  to,  at  Quinnabaug,  337  ;  ferry  at  Nianti- 
cut,  357 ;    prepares  the  address  to  the  King, 
367 ;  agent  to  procure  charter,  368,  579';  al- 
lowance to,  369  ;  acknowledgment  of  his  ser- 
vices to  the  colony,  416. 
Witchcraft,   punishable  with   death,  77 ;  suspi- 
cions of,  at  Saybrook,  338 ;  case  of  Jos.  Gar- 
lick,  from  L.  Island,  573.  -' 
Wolves  ;  bounty  for  killing,  149, 561 ;  to  be  paid 
by  the  towns,  377  ;    penalty  for  taking  from 
the  pit  of  another  person,  283  ;  repeal  of  or- 
der granting  a  bounty  to  Indians  for  killing,  367. 


ERRATA 


9,  ]  2th  line  from  bottom,  for  only,  leai  any. 

32,   loth  line  from  top,  for  John,  read  Jehu. 

C7,  in  list  of  deputies,  for  John  Burr,  read  Jehu  Burr. 

75,  7th  line  from  bottom,  for  [49]  read  [911. 
144,  17th  line  from  bottom,  for  Fiske,  read  Fiske. 
151,  16th  line  from  bottom,  for  [169]  read  [164]. 
207,  in  list  of  deputies,  for  JVaJA;  Griswold  read  Math:  Griswold. 

280,  in  list  of  magistrates,  John  Clarke  ;  the  first  name  is  partially  erased,  in  the  original. 
343,  3d  line  from  top,  for  50,  read  59. 

472,  2d  line  from  bottom,  (in  note,)  for  page  122,  read  page  136. 
487,  19th  line  from  top,  for  1848,  read  1648. 


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